COURT OF APPEAL FOR ONTARIO
|
|
- Rudolf Atkinson
- 5 years ago
- Views:
Transcription
1 COURT OF APPEAL FOR ONTARIO CITATION: Riddell v. Apple Canada Inc., 2017 ONCA 590 DATE: DOCKET: C63349 MacPherson, Cronk and Benotto JJ.A. BETWEEN Matthew Riddell Appellant (Plaintiff) and Apple Canada Inc. Respondent (Defendant) Matthew Riddell, in person Monique J. Jilesen and Laurel D. Hogg, for the respondent Heard: July 5, 2017 On appeal from the order of the Divisional Court (Justices Harriet E. Sachs, Ian V.P. Nordheimer and Laurence Pattillo), dated September 26, 2016, with reasons reported at 2016 ONSC REASONS FOR DECISION [1] The primary issue on this appeal concerns the important question whether Deputy Judges of the Small Claims Court have jurisdiction to order the pre-trial inspection of property in a proper case. If such jurisdiction exists, the second issue on appeal is whether that jurisdiction was properly exercised in the circumstances of this case.
2 Page: 2 [2] The Divisional Court, for clear and cogent reasons, answered both of these questions in the affirmative. We agree with the Divisional Court s conclusions and its reasoning on these issues. [3] Specifically, the Rules of the Small Claims Court, O. Reg. 258/98 (the Rules ), especially r , do not adequately cover the matter of the pre-trial inspection of property. As a result, where trial fairness and the interests of justice, including the expeditious and least expensive determination of a case on the merits, so require, Deputy Court Judges of the Small Claims Court have jurisdiction under r. 1.03(2) of the Rules to order the pre-trial inspection of property by reference to r of the Rules of Civil Procedure, R.R.O. 1990, Reg [4] We make two additional comments on this issue. First, in our opinion, this conclusion does not conflict with this court s decision in Van de Vrande v. Butkowsky, 2010 ONCA 230, 260 O.A.C [5] In Van de Vrande, this court held that motions for summary judgment based on principles emanating from r. 20 of the Rules of Civil Procedure are not available under the Rules. This holding was based on the court s conclusion, having regard to r of the Rules (which permits a party to bring a motion to strike a document, including a claim, before trial) and other factors, that the
3 Page: 3 failure to provide for summary judgment motions under the Rules was not a gap in those Rules but, rather, a deliberate omission. [6] In particular, Van de Vrande holds that r of the Rules specifically addresses the ability to bring a motion in the nature of those contemplated by rr. 20, 21 and 76 of the Rules of Civil Procedure. Indeed, this court upheld the motion judge s dismissal of the claim in Van de Vrande given her jurisdiction pursuant to r It therefore could not be said that the Rules fail to adequately cover motions for summary judgment, so as to trigger the application of r. 1.03(2). [7] That is not this case. Here, the Rules provide, under r , for the inspection of property by a trial judge of the Small Claims Court, in certain circumstances. They do not adequately address the pre-trial inspection of property at the instance of a litigant. Unlike Van de Vrande, we see no marker in the Rules of a deliberate legislative decision to omit such a procedure. Rather, as the Divisional Court explained, the failure to provide for such pre-trial inspection rights may be viewed as a deficiency in the scope and operation of r In an exceptional case, therefore, resort may be had to r. 1.03(2) to cure this deficiency. See Divisional Court reasons, at paras [8] Second, and relatedly, we do not accept the appellant s submission that the recognition of the authority of Deputy Court Judges of the Small Claims Court
4 Page: 4 to order the pre-trial inspection of property in exceptional circumstances will undermine the mandate of the Small Claims Court to hear and determine in a summary way those cases that come before it. To the contrary, in our view, it will assist Deputy Judges of the Small Claims Court to fulfil this important function in accordance with s. 25 of the Courts of Justice Act, R.S.O. 1990, c. 43. In this regard, we agree with, and endorse, the comments of Deputy Judge S.M. McGill of the Small Claims Court in National Service Dog Training Centre Inc. v. Hall, [2013] O.J. No. 3216, at paras : The only Small Claims Court Rule expressly dealing with the inspection of personal property is part of the final phase of the process trial. Rule authorizes a trial judge to inspect any real or personal property in the presence of the parties. The lack of pre-trial inspections of property represents a gap in the Small Claims Court rules that has disparate impact on the parties. The party in possession of the property experiences no side effects whatsoever while the nonpossessory party has its ability to prepare for trial severely restricted. An unlevel playing field is the result which is not just, fair or agreeable to good conscience. Ordering a pre-trial inspection of the property is not hostile to the objectives of the court, it is central to principles of natural justice. This is an issue of fundamental fairness which the court must be allowed to address in the context of controlling its own proceedings and to support the most just, agreeable and in good conscience determination. A question about the condition of the property cannot be determined on the merits if only one side is allowed to collect relevant evidence. A party will not perceive the justice system as fair if it is denied the basic opportunity afforded to the other party. The playing field must be level or the
5 Page: 5 administration of justice will fall into disrepute. [Emphasis added.] [9] We are also satisfied that the test for the invocation of the power to order the pre-trial inspection of property, set out above, was met here. In this products liability case, the appellant seeks damages for what he alleges were personal injuries caused by the negligent manufacture of an iphone by the respondent. He claims that the iphone overheated and caused severe burns to his right arm. He declared his intention to lead expert evidence at trial regarding the iphone and the overheating event in order to establish his case. Yet he refused, absent a court order, to permit an independent third party expert to inspect the iphone prior to trial, at no cost to him, to assist the trial judge in determining the central matter in dispute between the parties. [10] In these circumstances, Deputy Judge Stabile s impugned pre-trial inspection order was entirely justified. Trial fairness, the interests of justice and the proper exercise of the trial judge s functions under r of the Rules all compelled this result. [11] The appeal is dismissed. Given the novel and public interest dimensions of the issues raised on appeal, this is not an appropriate case for an award of costs. J.C. MacPherson J.A. E.A. Cronk J.A. M.L. Benotto J.A.
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT SACHS, NORDHEIMER & PATTILLO JJ. ) ) ) ) Respondent )
CITATION: Riddell v. Apple Canada Inc., 2016 ONSC 6014 DIVISIONAL COURT FILE NO.: DC-15-895-00 (Oshawa DATE: 20160926 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT SACHS, NORDHEIMER & PATTILLO JJ.
More informationONTARIO SUPERIOR COURT OF JUSTICE. ) ) ) ) ) ) ) Defendants ) ) ) ) ) REASONS FOR DECISION ON MOTION
CITATION: Daniells v. McLellan, 2017 ONSC 6887 COURT FILE NO.: CV-13-5565-CP DATE: 2017/11/29 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: SHERRY-LYNN DANIELLS Plaintiff - and - MELISSA McLELLAN and
More informationHOT TOPICS IN SMALL CLAIMS COURT. presented by J. Sebastian Winny on Saturday, April 28, 2018 for members of the Ontario Paralegal Association
HOT TOPICS IN SMALL CLAIMS COURT presented by J. Sebastian Winny on Saturday, April 28, 2018 for members of the Ontario Paralegal Association This presentation will address five subjects which are topical
More informationCase Name: CEJ Poultry Inc. v. Intact Insurance Co.
Page 1 Case Name: CEJ Poultry Inc. v. Intact Insurance Co. Counsel: RE: CEJ Poultry Inc., and Intact Insurance Company and The Dominion of Canada General Insurance Company [2012] O.J. No. 3005 2012 ONSC
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Xela Enterprises Ltd. v. Castillo, 2016 ONCA 437 DATE: 20160603 DOCKET: C60470 Weiler, LaForme and Huscroft JJ.A. BETWEEN In the matter of Xela Enterprises Ltd. and
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Maple Ridge Community Management Ltd. v. Peel Condominium Corporation No. 231, 2015 ONCA 520 DATE: 20150709 DOCKET: C59661 BETWEEN Laskin, Lauwers and Hourigan JJ.A.
More informationSmall Claims Court Appeals
Small Claims Court Appeals Todd R. Christensen Introduction Based on my personal experience Tailored to paralegals To help you make better recommendations Precedent appeal materials to de-mystify process
More informationHoule v. St. Jude Medical Inc., 2018 ONCA 88 (CanLII) COURT OF APPEAL FOR ONTARIO
Houle v. St. Jude Medical Inc., 2018 ONCA 88 (CanLII) Date: 2018-02-01 File M48474 number: Citation: Houle v. St. Jude Medical Inc., 2018 ONCA 88 (CanLII), , retrieved on 2018-02-01
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN: CITATION: Patel v. Kanbay International Inc., 2008 ONCA 867 DATE: 20081223 DOCKET: C48699 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Moldaver and Goudge JJ.A. Shiraz Patel Plaintiff (Respondent)
More informationChodowski v. Huntsville Professional Building Inc. et al. [Indexed as: Chodowski v. Huntsville Professional Building Inc.]
Chodowski v. Huntsville Professional Building Inc. et al. [Indexed as: Chodowski v. Huntsville Professional Building Inc.] 104 O.R. (3d) 73 2010 ONSC 4897 Ontario Superior Court of Justice, Wood J. September
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: R. v. Vellone, 2011 ONCA 785 DATE: 20111214 DOCKET: C50397 MacPherson, Simmons and Blair JJ.A. BETWEEN Her Majesty the Queen Ex Rel. The Regional Municipality of York
More informationDIVISIONAL COURT, SUPERIOR COURT OF JUSTICE CAPITAL ONE BANK (CANADA BRANCH) APPELLANT S FACTUM I. STATEMENT OF THE APPEAL
Divisional Court File No. DC-12-463-00 DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE B E T W E E N: CAPITAL ONE BANK (CANADA BRANCH) -and- Plaintiff (Appellant) LAURA M. TOOGOOD aka LAURA MARIE TOOGOOD aka
More informationONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) BUSINESS DEVELOPMENT BANK OF CANADA. -and-
Court File No. CV-17-11760-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) BUSINESS DEVELOPMENT BANK OF CANADA -and- Applicant ASTORIA ORGANIC MATTERS LTD. and ASTORIA ORGANIC MATTERS CANADA LP
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Tapak v. Non-Marine Underwriters, 2018 ONCA 168 DATE: 20180220 DOCKET: C64205 Hourigan, Roberts and Nordheimer JJ.A. BETWEEN Carrie Anne Tapak, Dennis Cromarty, Faye
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO Doherty, Epstein and Miller JJ.A. CITATION: Chirico v. Szalas, 2016 ONCA 586 DATE: 20160722 DOCKET: C60439 & M45948 Jim Chirico Medical Health Officer North Bay Parry
More information[4] The defendant is a corporation incorporated under the laws of Ontario carrying on business as a theme water park in Limoges Ontario.
CITATION: CYR v. CALYPSO PARC INC. 2016 ONSC 2683 COURT FILE NO.: 12-54440 DATE: May 11, 2016 SUPERIOR COURT OF JUSTICE - ONTARIO RE: FRANCINE CYR Plaintiff AND: CALYPSO PARC INC. Defendant BEFORE: COUNSEL:
More informationGowling Lafleur Henderson LLP, Mark Siegel and Rosanne Dawson, Defendants. Raymond Chabot Grant Thornton LLP, Third Party
CITATION: Ozerdinc Family Trust et al v Gowling et al, 2017 ONSC 6 COURT FILE NO.: 13-57421 A1 DATE: 2017/01/03 SUPERIOR COURT OF JUSTICE - ONTARIO RE: BEFORE: Ozerdinc Family Trust, Muharrem Ersin Ozerdinc,
More informationCOURT OF APPEAL FOR ONTARIO
1 COURT OF APPEAL FOR ONTARIO CITATION: Shaw v. Phipps, 2012 ONCA 155 DATE: 20120313 DOCKET: C53665 Goudge, Armstrong and Lang JJ.A. BETWEEN Michael Shaw and Chief William Blair Appellants and Ronald Phipps
More informationCase Name: Peel (Regional Municipality) Police v. Ontario (Director, Special Investigations Unit)
Page 1 Case Name: Peel (Regional Municipality) Police v. Ontario (Director, Special Investigations Unit) Between H.M. Metcalf in his capacity as Chief of the Peel Regional Police, Applicant (Appellant),
More informationONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT J. WILSON, KARAKATSANIS, AND BRYANT JJ. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Ministry of Attorney General and Toronto Star and Information and Privacy Commissioner of Ontario, 2010 ONSC 991 DIVISIONAL COURT FILE NO.: 34/09 DATE: 20100326 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL
More informationThe Perils of Dealing with Self Represented Litigants: Common Sense Steps to Reach Common Ground
The Perils of Dealing with Self Represented Litigants: Common Sense Steps to Reach Common Ground Rob Moss and Jay Skukowski This presentation will focus on common pitfalls to avoid when dealing with a
More informationCOURT OF APPEAL FOR ONTARIO
CITATION: Issasi v. Rosenzweig, 2011 ONCA 302 DATE: 20110418 DOCKET: C52822 COURT OF APPEAL FOR ONTARIO Cronk, Gillese and MacFarland JJ.A. BETWEEN Amparo Marlen Rodriguez Issasi Applicant (Respondent
More informationCase Name: Gnanasegaram v. Allianz Insurance Co. of Canada
Page 1 Case Name: Gnanasegaram v. Allianz Insurance Co. of Canada Between Karla Gnanasegaram, plaintiff/appellant, and Allianz Insurance Company of Canada, defendant/respondent [2005] O.J. No. 1076 251
More informationCITATION: Nogueira v Second Cup, 2017 ONSC 6315 COURT FILE NO.: CV DATE: SUPERIOR COURT OF JUSTICE - ONTARIO
CITATION: Nogueira v Second Cup, 2017 ONSC 6315 COURT FILE NO.: CV-17-569192 DATE: 20171020 SUPERIOR COURT OF JUSTICE - ONTARIO RE: ANNABELLE NOGUEIRA, Plaintiff AND THE SECOND CUP LTD., Defendant BEFORE:
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO CITATION: Downer v. The Personal Insurance Company, 2012 ONCA 302 Ryan M. Naimark, for the appellant Lang, LaForme JJ.A. and Pattillo J. (ad hoc) John W. Bruggeman,
More informationIndexed As: Boucher v. Wal-Mart Canada Corp. et al. Ontario Court of Appeal Hoy, A.C.J.O., Laskin and Tulloch, JJ.A. May 22, 2014.
Meredith Boucher (plaintiff/respondent) v. Wal-Mart Canada Corp. and Jason Pinnock (defendants/appellants) (C56243; C56262; 2014 ONCA 419) Indexed As: Boucher v. Wal-Mart Canada Corp. et al. Ontario Court
More information2014 ONSC 4841 Ontario Superior Court of Justice. Cruz v. McPherson CarswellOnt 11387, 2014 ONSC 4841, 244 A.C.W.S. (3d) 720
2014 ONSC 4841 Ontario Superior Court of Justice Cruz v. McPherson 2014 CarswellOnt 11387, 2014 ONSC 4841, 244 A.C.W.S. (3d) 720 Terra Cruz and Carmen Cruz, Plaintiffs and Jason Mcpherson, 546291 Ontario
More informationCosts in Small Claims Court. By: W. Patrick Sloan, B.A. LL.B. Ferguson Barristers LLP
Costs in Small Claims Court By: W. Patrick Sloan, B.A. LL.B. Ferguson Barristers LLP Introduction The small claims court is intended to allow quicker and more cost efficient access to justice. Coupled
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO CITATION: Intact Insurance Company v. Kisel, 2015 ONCA 205 DATE: 20150326 DOCKET: C59338 and C59339 Laskin, Simmons and Watt JJ.A. Intact Insurance Company and Yaroslava
More informationONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiffs ) ) ) Defendant ) ) DECISION ON MOTION:
CITATION: Rush v. Via Rail Canada Inc., 2017 ONSC 2243 COURT FILE NO.: CV-14-507160 DATE: 20170518 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Yael Rush and Thomas Rush Plaintiffs and Via Rail Canada Inc.
More informationONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiff ) ) ) Defendants ) ) ) ) ) ) ) ) ) ) REASONS FOR DECISION
CITATION: Boyadjian v. Durham (Regional Municipality, 2016 ONSC 6477 OSHAWA COURT FILE NO.: 74724/11 DATE: 20161101 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: LUCY BOYADJIAN Plaintiff and THE REGIONAL
More informationPage 2 [2] The action arose from a motor vehicle accident on October 9, The plaintiff Anthony Okafor claimed two million dollars and the plainti
CITATION: OKAFOR v. MARKEL INSURANCE & KROPKA, 2010 ONSC 2093 COURT FILE NO.: C42087/97 DATE: 2010-06-01 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: JUNE OKAFOR AND ANTHONY OKAFOR Plaintiffs - and
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO BETWEEN CITATION: Metropolitan Toronto Condominium Corporation No. 1352 v. Newport Beach Development Inc., 2012 ONCA 850 DATE: 20121204 DOCKET: C54462 Winkler C.J.O., Laskin
More informationCITATION: David Schnarr v. Blue Mountain Resorts Limited, 2017 ONSC 114 COURT FILE NO.: CV DATE:
CITATION: David Schnarr v. Blue Mountain Resorts Limited, 2017 ONSC 114 COURT FILE NO.: CV-11-4023 DATE: 20170106 SUPERIOR COURT OF JUSTICE - ONTARIO RE: David Schnarr, Plaintiff AND: Blue Mountain Resorts
More informationMunicipal Property Assessment Corp., Region No. 18 v. Andrulis. In the matter of Section 40 of the Assessment Act, R.S.O. 1990, c. A.
FOR EDUCATIONAL USE ONLY Page 1 Municipal Property Assessment Corp., Region No. 18 v. Andrulis In the matter of Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended In the matter of appeals
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO CITATION: Trillium Motor World Ltd. v. General Motors of Canada Limited, 2017 ONCA 545 DATE: 20170704 DOCKET: C60838 Cronk, van Rensburg and Pardu JJ.A. Trillium Motor
More informationThomas Gorsky and C. Chan, for the Defendant ENDORSEMENT
SUPERIOR COURT OF JUSTICE - ONTARIO CITATION: CHRISTMAS v. FORT McKAY, 2014 ONSC #373 COURT FILE NO.: CV-12-461796 DATE: 20140128 RE: BERND CHRISTMAS, Plaintiff AND FORT McKAY FIRST NATION, Defendant BEFORE:
More informationPlaintiff counsel beware - It is now easier to dismiss an action for delay
Plaintiff counsel beware - It is now easier to dismiss an action for delay Three recent judgments of the Court of Appeal show that plaintiffs face two serious dangers, should they fail to prosecute their
More informationNOVA SCOTIA COURT OF APPEAL Citation: R. v. Hatt, 2017 NSCA 36. Her Majesty the Queen
NOVA SCOTIA COURT OF APPEAL Citation: R. v. Hatt, 2017 NSCA 36 Date: 20170509 Docket: CAC 457828 Registry: Halifax Between: Richard Edward Hatt v. Her Majesty the Queen Appellant Respondent Judge: Appeal
More informationIndexed As: Murphy v. Amway Canada et al. Federal Court of Appeal Nadon, Gauthier and Trudel, JJ.A. February 14, 2013.
Kerry Murphy (appellant) v. Amway Canada Corporation and Amway Global (respondents) (A-487-11; 2013 FCA 38) Indexed As: Murphy v. Amway Canada et al. Federal Court of Appeal Nadon, Gauthier and Trudel,
More informationIN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, C. S.5, AS AMENDED - AND. IN THE MATTER OF DAVID CHARLES PHILLIPS and JOHN RUSSELL WILSON
Ontario Commission des 22 nd Floor 22e étage Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest Commission de l Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8 IN THE MATTER OF THE SECURITIES
More informationAttempting to reconcile Kitchenham and Tanner: Practical considerations in obtaining productions protected by deemed and implied undertakings
Attempting to reconcile Kitchenham and Tanner: Practical considerations in obtaining productions protected by deemed and implied undertakings By Kevin L. Ross and Alysia M. Christiaen, Lerners LLP The
More informationA Snapshot of the Law and Trends on the Admissibility and Qualification of Expert Evidence
A Snapshot of the Law and Trends on the Admissibility and Qualification of Expert Evidence By Stacey Hsu and Daniel Reisler of Reisler Franklin LLP, Toronto In light of the recent media coverage surrounding
More informationIndexed As: Royal Bank of Canada v. Trang. Ontario Court of Appeal Hoy, A.C.J.O., Laskin, Sharpe, Cronk and Blair, JJ.A. December 9, 2014.
Royal Bank of Canada (plaintiff/appellant) v. Phat Trang and Phuong Trang a.k.a. Phuong Thi Trang (defendants) and Bank of Nova Scotia (respondent) (C57306; 2014 ONCA 883) Indexed As: Royal Bank of Canada
More informationHALEY WHITTERS and JULIE HENDERSON
CITATION: Whitters v. Furtive Networks Inc., 2012 ONSC 2159 COURT FILE NO.: CV-11-420068 DATE: 20120405 SUPERIOR COURT OF JUSTICE - ONTARIO RE: HALEY WHITTERS and JULIE HENDERSON - and - FURTIVE NETWORKS
More informationNorth Bay (City) v. Vaughan, [2018] O.J. No. 1809
Ontario Judgments Ontario Court of Appeal D.M. Brown J.A. Heard: March 19, 2018. Judgment: March 28, 2018. Docket: M48246 [2018] O.J. No. 1809 2018 ONCA 319 Between The Corporation of the City of North
More informationSUPERIOR COURT OF JUSTICE ONTARIO. LOBLAW PROPERTIES LIMITED and CHOICE PROPERTIES LIMITED Plaintiffs - and-
CITATION: Loblaw Properties Limited v. Turner Fleischer Architects Inc., 2017 ONSC 6127 COURT FILE NO.: CV-13-477628 MOTION HEARD: 20170814 REASONS RELEASED: 20171013 BETWEEN: SUPERIOR COURT OF JUSTICE
More informationONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT FERRIER, SWINTON & LEDERER JJ. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Applicant.
CITATION: St. Catharines (City v. IPCO, 2011 ONSC 346 DIVISIONAL COURT FILE NO.: 351/09 DATE: 20110316 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT FERRIER, SWINTON & LEDERER JJ. B E T W E E N: THE
More informationSUPREME COURT OF NOVA SCOTIA Citation: Wamboldt Estate v. Wamboldt, 2017 NSSC 288
SUPREME COURT OF NOVA SCOTIA Citation: Wamboldt Estate v. Wamboldt, 2017 NSSC 288 Date: 20171107 Docket: Bwt No. 459126 Registry: Bridgewater Between: Michael Dockrill, in his capacity as the executor
More informationCARDINAL HEALTH CANADA INC., Defendant ENDORSEMENT. [2] The plaintiff s motion for summary judgment is dismissed.
CITATION: ANDERSON v. CARDINAL HEALTH, 2013 ONSC 5226 COURT FILE NO.: CV-13-471868-0000 DATE: 20130815 SUPERIOR COURT OF JUSTICE - ONTARIO RE: LILLIAN ANDERSON, Plaintiff AND CARDINAL HEALTH CANADA INC.,
More informationA View From the Bench Administrative Law
A View From the Bench Administrative Law Justice David Farrar Nova Scotia Court of Appeal With the Assistance of James Charlton, Law Clerk Nova Scotia Court of Appeal Court of Appeal for Ontario: Mavi
More informationSimmons J.A.: I. INTRODUCTION COURT OF APPEAL FOR ONTARIO. CITATION: Goidhar v. Haaretz.com, 2016 ONCA 515 DATE: DOCKET: C60259
DOCKET: C60259 DATE: 20160628 CITATION: Goidhar v. Haaretz.com, 2016 ONCA 515 newspaper article uploaded in Israel, can and should proceed in Ontario. [1] The issues on appeal concern whether an internet
More informationHer Majesty the Queen (appellant) v. Ronald Jones (respondent) (C52480; 2011 ONCA 632) Indexed As: R. v. Jones (R.)
Her Majesty the Queen (appellant) v. Ronald Jones (respondent) (C52480; 2011 ONCA 632) Indexed As: R. v. Jones (R.) Ontario Court of Appeal MacPherson, Blair and Epstein, JJ.A. October 11, 2011. Summary:
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: McCracken v. Canadian National Railway Company, 2012 ONCA 445 DATE: 20120626 DOCKET: C52635 Winkler C.J.O., Laskin and Cronk JJ.A. BETWEEN Michael Ian McCracken and
More informationBROWN & PARTNERS LLP TORT SUMMARIES JUNE 2017
Case Name Saadati v. Moorhead, 2017 SCC 28 (IBC as Intervener) Date June 2, 2017 Date of Loss July 5, 2005 Court Supreme Court of Canada Is a recognizable psychiatric illness required to recover for mental
More informationSUPREME COURT OF CANADA
SUPREME COURT OF CANADA CITATION: Sriskandarajah v. United States of America, 2012 SCC 70 DATE: 20121214 DOCKET: 34009, 34013 BETWEEN: Suresh Sriskandarajah Appellant and United States of America, Minister
More informationHEARD: November 14, 2014, December 17, 2014, February 6, 2015 ENDORSEMENT
SUPERIOR COURT OF JUSTICE - ONTARIO CITATION: Markoulakis v. SNC-Lavalin Inc., 2015 ONSC 1081 COURT FILE NO.: CV-14-504720 DATE: 20150416 RE: Eftihios (Ed) Markoulakis, Plaintiff, AND: SNC-Lavalin Inc.,
More informationONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT ) ) ) HEARD in writing. REASONS FOR DECISION (Motion for Leave to Appeal)
CITATION: Babcock v. Destefano 2017 ONSC 276 COURT FILE NO.: CV-12-458641 DATE: 20170113 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: REGGIE BABCOCK Respondent/Plaintiff/ and ANGELO DESTEFANO
More informationONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT. HACKLAND R.S.J., SWINTON and KARAKATSANIS JJ.
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT COURT FILE NO.: 29/07, 30/07 DATE: 20090306 HACKLAND R.S.J., SWINTON and KARAKATSANIS JJ. B E T W E E N: COMMISSIONER AND JANE DOE, AND B E T W E E N:
More informationCase Name: Gomori v. Greenvilla Development Group Inc.
Case Name: Gomori v. Greenvilla Development Group Inc. Between Gabriel Gomori and Marissa Gomori, Plaintiffs, and Greenvilla Development Group Inc., 1437639 Ontario Ltd., Amadeo Picano, Mediterranean Carpentry
More informationWellington et al. v. Her Majesty the Queen in Right of Ontario et al. [Indexed as: Wellington v. Ontario] 105 O.R. (3d) ONCA 274
Wellington et al. v. Her Majesty the Queen in Right of Ontario et al. [Indexed as: Wellington v. Ontario] 105 O.R. (3d) 81 2011 ONCA 274 Court of Appeal for Ontario, Moldaver, Sharpe and R.P. Armstrong
More informationCITATION: CITATION: AACR Inc. v. Lixo Investments Limited, 2017 ONSC 1009 COURT FILE NO.: CV DATE:
CITATION: CITATION: AACR Inc. v. Lixo Investments Limited, 2017 ONSC 1009 COURT FILE NO.: CV-14-515247 DATE: 20170502 SUPERIOR COURT OF JUSTICE - ONTARIO RE: AACR Inc. o/a Winmar Toronto/Brampton, Plaintiff
More informationCase Name: Cuddy Chicks Ltd. v. Ontario (Labour Relations Board)
Page 1 Case Name: Cuddy Chicks Ltd. v. Ontario (Labour Relations Board) Cuddy Chicks Limited, appellant; v. Ontario Labour Relations Board and United Food and Commercial Workers International Union, Local
More informationARE CLAIMS UNDER THE CONSTRUCTION LIEN ACT DISCHARGED BY BANKRUPTCY? By Samuel S. Marr 1
ARE CLAIMS UNDER THE CONSTRUCTION LIEN ACT DISCHARGED BY BANKRUPTCY? By Samuel S. Marr 1 INTRODUCTION The Construction Lien Act creates a trust regime for construction projects. To protect construction
More informationIN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL LIANNU LIMITED PARTNERSHIP BY ITS GENERAL PARTNER M&M ENGINEERING LIMITED
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL Citation: Liannu Limited Partnership v. Modspace Financial Services Canada Ltd., 2016 NLCA 15 Date: April 8, 2016 Docket: 201501H0030 BETWEEN:
More informationIN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED - AND - IN THE MATTER OF PETER SBARAGLIA
Ontario Commission des P.O. Box 55, 19 th Floor CP 55, 19e étage Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest Commission de l Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8 IN
More informationPolluter Pays Doctrine Underscored: Section 99(2) of the EPA Applied: Some Thoughts on Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819
1 Polluter Pays Doctrine Underscored: Section 99(2) of the EPA Applied: Some Thoughts on Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819 Some Thoughts by the Lawyers at Willms & Shier Environmental
More informationDisposition before Trial
Disposition before Trial Presented By Andrew J. Heal January 13, 2011 Q: What's the difference between a good lawyer and a bad lawyer? A: A bad lawyer can let a case drag out for several years. A good
More informationJan :25AM No P. 1/6 ONTARIO
Jan. 26. 2016 9:25AM No. 4819 P. 1/6 ONTARIO SUPERIOR COURT OE JUSTICE Court House 361 University Avenue TORONTO, ONM5G 1T3 Tel, (416)327-5284 Fax (416)327-5417 FACSIMILE TO FIRM FAX NO. PHONE NO. Michael
More informationHer Majesty the Queen (applicant/appellant) v. Richard Gill (respondent/respondent) (C53886; 2012 ONCA 607) Indexed As: R. v. Gill (R.
Her Majesty the Queen (applicant/appellant) v. Richard Gill (respondent/respondent) (C53886; 2012 ONCA 607) Indexed As: R. v. Gill (R.) Ontario Court of Appeal Doherty, Lang and Epstein, JJ.A. September
More informationCrafting the Perfect Rule 49 Offer to Settle
Crafting the Perfect Rule 49 Offer to Settle Nathaniel Dillonsmith September 2017 Offers to settle can take a wide range of forms and can involve a variety of terms. However, an offer to settle which is
More informationAssn. of Professional Engineers of Ontario v. Caskanette
[ ] GAZETTE At a hearing held over five days in February and March 2007, PEO s Discipline Committee heard allegations of professional misconduct against Rene G. Caskanette, P.Eng., Jeffrey D. Udall, P.Eng.,
More informationSpringdale Pizza: More than 2 for 1. By Geoffrey B. Shaw and Jonathan Wansbrough - 1 -
Volume 3, No. July 2013 Franchising Law Section Springdale Pizza: More than 2 for 1 By Geoffrey B. Shaw and Jonathan Wansbrough Should franchisees be able to get something for nothing? One would think
More informationTYPES OF MOTIONS Jennifer Griffiths and Marni Miller
TYPES OF MOTIONS Jennifer Griffiths and Marni Miller A motion provides the mechanism for a party in litigation to obtain the court s direction on a limited issue prior to trial. Motions can be used to
More informationR. v. H. (S.) Defences Automatism Insane and non-insane
88 [Indexed as: R. v. H. (S.)] Her Majesty the Queen, Appellant and S.H., Respondent Ontario Court of Appeal Docket: CA C56874 2014 ONCA 303 Robert J. Sharpe, David Watt, M.L. Benotto JJ.A. Heard: January
More informationCourt of Appeal on Smith v. Inco: Rylands v. Fletcher Revisited By Michael S. Hebert and Cheryl Gerhardt McLuckie*
Court of Appeal on Smith v. Inco: Rylands v. Fletcher Revisited By Michael S. Hebert and Cheryl Gerhardt McLuckie* In October 2011, the Ontario Court of Appeal released its much anticipated decision in
More informationIndexed As: Figueiras v. York (Regional Municipality) et al. Ontario Court of Appeal Rouleau, van Rensburg and Pardu, JJ.A. March 30, 2015.
Paul Figueiras (applicant/appellant) v. Toronto Police Services Board, Regional Municipality of York Police Services Board, and Mark Charlebois (respondents/respondents) (C58771; 2015 ONCA 208) Indexed
More informationCase Name: Ontario Ltd. v. Acchione
Case Name: 1390957 Ontario Ltd. v. Acchione Between 1390957 Ontario Limited, applicant (appellant), and Valerie Acchione and Royal LePage Real Estate Services Ltd., respondents (Valerie Acchione, respondent
More informationONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiff ) ) ) Defendant ) ) ) DECISION ON SPECIAL CASE
CITATION: Woodhouse v. Snow Valley, 2017 ONSC 222 COURT FILE NO.: 12-0553T DATE: 20170113 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ELIZABETH WOODHOUSE Plaintiff and SNOW VALLEY RESORTS (1987 LTD, AKA
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Abdula v. Canadian Solar Inc., 2012 ONCA 211 DATE: 20120330 DOCKET: C54372 Feldman and Hoy JJ.A. and Spence J. (ad hoc) BETWEEN Tajdin Abdula Plaintiff (Respondent)
More informationPrince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015 ONCA 269 (CanLII)
Prince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015 ONCA 269 (CanLII) Date: 2015-04-20 Docket: C59008 Citation:Prince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015
More informationCharlene Kruse Tribunal Applications RESPONSE ARGUMENT TO SUBMISSIONS WITH RESPECT TO COSTS
Huu-ay-aht Tribunal Application Hearings Huu-ay-aht Tribunal Applications: 2013-002, 2013-005 Hearing Date: June 10-11, 2014 Charlene Kruse Tribunal Applications RESPONSE ARGUMENT TO SUBMISSIONS WITH RESPECT
More informationONTARIO SUPERIOR COURT OF JUSTICE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) REASONS FOR DECISON
CITATION: Lapierre v. Lecuyer, 2018 ONSC 1540 COURT FILE NO.: 16-68322/19995/16 DATE: 2018/04/10 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: MARTINE LaPIERRE, AMY COULOMBE, ANTHONY MICHAEL COULOMBE and
More informationDefending Cross-Border Class Actions. Chantelle Spagnola Davies Ward Phillips & Vineberg LLP
Defending Cross-Border Class Actions Chantelle Spagnola Davies Ward Phillips & Vineberg LLP February 19, 2015 Outline A. Introduction to Cross-Border Class Actions B. Differences in Approaches for Dealing
More informationCOURT OF APPEAL FOR ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Wildlands League v. Ontario (Natural Resources and Forestry), 2016 ONCA 741 DATE: 20161011 DOCKET: C61016 BETWEEN Sharpe, LaForme and van Rensburg JJ.A. Wildlands
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO CITATION: Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313 DATE: 20180328 DOCKET: C63305 and C63351 Doherty, Brown and Nordheimer JJ.A. David Schnarr and Blue
More informationI. ZNAMENSKY SELEKCIONNO-GIBRIDNY CENTER LLC V.
(Press control and right arrow for the same effect) (Press control and left arrow for the same effect) znamensky X Français English Home > Ontario > Superior Court of Justice > 2009 CanLII 51197
More informationTHE SIX-MINUTE Environmental Lawyer
TAB 1 THE SIX-MINUTE Environmental Lawyer The Latest on Damages for Continuing Nuisance Bryan Buttigieg, C.S. Miller Thomson LLP October 20, 2016 Six-Minute Environmental Lawyer 2016 The Law Society of
More informationPROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION. DERRELL COLLINGS and GERTRUDE COLLINGS
Citation: Collings v PEI Mutual Insurance Co. Date: 20031223 2003 PESCTD 104 Docket: GSC-17965 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION BETWEEN: DERRELL
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 194/16
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 194/16 BEFORE: S. Martel: Vice-Chair HEARING: January 21, 2016 at Toronto Oral DATE OF DECISION: March 23, 2016 NEUTRAL CITATION: 2016 ONWSIAT
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL
2003 ONWSIAT 1955 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 234/03 [1] This right to sue application was heard in London on February 4, 2003, by Vice-Chair M. Kenny. THE RIGHT TO SUE
More informationRevision of the Rules of Procedure of the Boards of Appeal. First public draft online user consultation. 1 February 2018
Revision of the Rules of Procedure of the Boards of Appeal First public draft online user consultation 1 February 2018 Article 1 Business distribution and composition (1) The Presidium referred to in Rule
More informationCHEYENNE SANTANA MARIE FOX, DECEASED, JOHN GRAHAM TERRANCE FOX, ESTATE TRUSTEE OF THE ESTATE OF CHEYENNE SANTANA MARIE FOX
SUPERIOR COURT OF JUSTICE - ONTARIO CITATION: Fox v. Narine, 2016 ONSC 6499 COURT FILE NO.: CV-15-526934 DATE: 20161020 RE: CHEYENNE SANTANA MARIE FOX, DECEASED, JOHN GRAHAM TERRANCE FOX, ESTATE TRUSTEE
More informationCase Name: Manley v. Manley
Page 1 Case Name: Manley v. Manley IN THE MATTER OF a motion to set aside a default order made against a corporate garnishee for its failure to obey a notice of garnishment Between Marie Marlene Manley,
More informationIndexed As: Moore v. Getahun et al. Ontario Court of Appeal Laskin, Sharpe and Simmons, JJ.A. January 29, 2015.
Blake Moore (respondent) v. Dr. Tajedin Getahun, The Scarborough Hospital - General Division, Dr. John Doe and Jack Doe (appellant) (C58338; 2015 ONCA 55) Indexed As: Moore v. Getahun et al. Ontario Court
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
Citation: Gringmuth v. The Corp. of the Dist. of North Vancouver Date: 20000524 2000 BCSC 807 Docket: C995402 Registry: Vancouver IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: AXEL GRINGMUTH PLAINTIFF
More informationCITATION: Mary Shuttleworth v. Licence Appeal Tribunal, 2018 ONSC 3790 DIVISIONAL COURT FILE NO.: 334/17 DATE: ONTARIO
CITATION: Mary Shuttleworth v. Licence Appeal Tribunal, 2018 ONSC 3790 DIVISIONAL COURT FILE NO.: 334/17 DATE: 20180620 BETWEEN: MARY SHUTTLEWORTH Applicant and SAFETY, LICENSING APPEALS AND STANDARDS
More informationCITATION: O Brien v. Murchland, 2013 ONSC 4576 COURT FILE NO.: DATE: 2013/07/11 SUPERIOR COURT OF JUSTICE ONTARIO
CITATION: O Brien v. Murchland, 2013 ONSC 4576 COURT FILE NO.: 168-13 DATE: 2013/07/11 SUPERIOR COURT OF JUSTICE ONTARIO RE: Edward Joseph O Brien (Plaintiff) - and - Emmett Murchland (Defendant) BEFORE:
More informationCompensating Claims for Reduced Access a Safari through the impenetrable jungle of nuisance law and injurious affection in Ontario
February 2013 Public Sector Lawyers' Section Compensating Claims for Reduced Access a Safari through the impenetrable jungle of nuisance law and injurious affection in Ontario Graham Rempe and Matthew
More informationDo You Know How to Advise Your Client When: Your Client Has Judgment for Possession and Needs You to Obtain a Writ of Possession
Do You Know How to Advise Your Client When: Your Client Has Judgment for Possession and Needs You to Obtain a Writ of Possession Overview Michael S. Myers Papazian Heisey Myers A mortgagee must look beyond
More information