Representative Cases
Administrative Law
Yan v. Law Society of Ontario, 2019 ONSC 5036
Divisional Court dismissed a motion to judicially review a decision of the L.S.O. to close the applicant’s complaint against the L.S.O. (read more)
North American Financial Group Inc. v Ontario (Securities Commission), 2018 ONSC 136 (Div Ct)
Fraud and market manipulation (read more)
Przysuski v College of Opticians of Ontario, [1996] OJ No 611 (Div Ct)
Opthalmic dispensers act (read more)
Bankruptcy
Civil Procedure
Pichelli v. Kagalj, 2019 ONSC 1371
Motion judge corrects error in his reasons which ignored the fact that one party did not participate in the motion. (read more )
Pichelli v. Kagalj, 2019 ONSC 168
Motion judge allows one summary judgment motion and dismissed another. (read more )
Dunk v. Kremer, 2018 ONCA 274
Court of Appeal upheld the trial judge’s determination not to declare a mistrial where plaintiff’s counsel’s address was inflammatory and she delivered a strong correcting charge. (read more )
Waldman v Thomson Reuters Canada Ltd., 2015 ONCA 53
Appeal of refusal to approve settlement of class action (read more)
McCreight v Canada (Attorney General), 2013 ONCA 483
Striking claim for abuse of process (read more)
Brisco Estate v Canadian Premier Life Insurance Co., 2012 ONCA 854
Evidence and corroboration and section 13 of the Ontario Evidence Act (read more)
Locking v Armtec Infrastructure Inc., 2013 ONCA 331
Stay of action due to parallel proceeding (read more)
Pouget v Saint Elizabeth Health Care, 2012 ONCA 461
Striking out pleadings or allegations (read more)
Expedition Helicopters Inc. v Honeywell Inc., 2010 ONCA 351
Conflict of laws and forum selection clause (read more)
Windsor (City) v MFP Financial Services Ltd., [2004] OJ No 4877
Evidence and litigation privilege (read more)
National Bank of Canada v Royal Bank of Canada, [2000] OJ No 20 (ONSC)
Conduct constituting civil contempt
General Accident Assurance Co v Chrusz, [1999] OJ No 3291 (ONCA)
Evidence solicitor client privilege and litigation privilege and common interest privilege (read more)
National Bank of Canada v Royal Bank of Canada (1999), 44 OR (3d) 533 (ONCA)
Default judgment under Rule 19 of the Rules of Civil Procedure (read more)
Lumen, A Division of Sonepar Distribution Inc. v Premier Electric Inc., [1998] OJ No 373 (ONCA)
Grounds to set aside a settlement agreement
1061590 Ontario Limited v Ontario Jockey Club, [1995] OJ No 132
Summary judgment and right to terminate agreement of purchase and sale (read more)
Class Action
Laliberte v. Day, 2020 FCA 119
Appeal from Federal Court decision awarding carriage of proposed class action on behalf of Metis and Non-Status Indians affected by the Sixties Scoop. No reviewable error made. (read more)
Lavender v. Miller Bernstein LLP, 2020 ONSC 3859
Defendant claimed costs of $474,000 when class action was dismissed after defending it for 9 years. $68,000 awarded. (read more)
Welsh v. Ontario 2020 ONCA 210
Court of Appeal confirmed that the plain language of 10)2 of Class Proceeding Fund O. Reg. 771/92 pf L.S.O. 1990, supports calculation of levy on entire settlement funds to which the class is entitled regardless of whether members chose to take up their entitlement. (read more )
Iovine v. Toronto Sun Wah Trading Inc., 2019 ONSC 7409
Defendants sought $750,000 in costs for an abandoned class action. Perell J. awarded $275,000. (read more)
Welsh v. R, 2019 ONSC 4204
Class Proceeding Fund is entitle to 10% of the entire settlement funds whether or not the class chose to take up their entitlement. (read more)
Berg et al. v. Canadian Hockey League et al., 2019 ONSC 2106
On certification, the motion judge made his order with the intention that the U.S. Defendants’ costs were not to be paid by the Law Foundation of Ontario (“LFO”), in spite of the fact that the Plaintiffs had a litigation funding agreement with the LFO through the Class Proceedings Fund (“CPF”), which is responsible for adverse costs awards. Divisional Court found the costs owed to the U.S. Defendants should be paid by the LFO. (read more )
Broutzas v. Rouge Valley Health System, 2019 ONSC 559
Costs of unsuccessful plaintiff class after denial of certification motion and whether public interest in high profile privacy breach and novelty of legal issues warranted a no costs award. (read more )
Das v. George Weston Limited, 2018 ONCA 1053
Perell J. awarded the defendants costs of about $2.3 m in dismissing the class action. Court of Appeal reduced these costs by 30% because judge failed to appreciate the public interest component of the claim. (read more)
Das v George Weston Ltd., 2017 ONSC 5583
Costs of unsuccessful plaintiff class and most serious industrial accident in world history and No duty of care in negligence to employees of foreign suppliers despite exercise of audit rights (read more)
Berg v Canadian Hockey League, 2017 ONSC 5382
Costs of certification motion and one defendant class successful in avoiding certification of class proceeding and another defendant class unsuccessful in avoiding certification of class proceeding
Hodge v Neinstein, 2017 ONCA 494
Proposed class proceeding against law firm for breach of s. 28.1 of the solicitors act (read more)
Parsons v Ontario, 2015 ONCA 158
Motion for directions that motion judge could sit outside Ontario with other supervisory judges (read more)
Carom v Bre-X Minerals Ltd., 46 OR (3d) 315 (ONSC), 2011 ONCA 392
Certification and common issues (read more)
Chadha v Bayer Inc., 63 OR (3d) 22 (ONCA)
Certification and price fixing affecting concrete brick and paving stones used in construction of homes (read more)
Carom v Bre-X Minerals Ltd, [2000] OJ No 4041 (ONCA)
Certification and common issues and preferable procedure (read more)
Constitutional Law
Adler v Ontario, [1992] OJ No 1628 (ONSC)
Freedom of religion and non-funding of Jewish and independent Christian schools by Province of Ontario (read more)
Construction Law
Contract Law
Sandhu v. Sikh Lehar International Organization, 2018 ONCA 866
Court of Appeal confirms trial judgment that defendants are liable for $1,755,000 qua loan plus interest. (read more )
Reciprocal Opportunities Incorporated v. Sikh Lehar International Organization, 2018 ONCA 713
Court of Appeal finds motions judge erred in exercising his discretion by misapplying the second “Soundair” duty. New motion directed. (read more)
Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313
Skier buys lift ticket and executes a waiver of liability which offends the Consumer Protection Act, 2002 S.O. but not the Occupiers’ Liability Act R.S.O. 2000. Statutes are irreconcilable and in conflict. O.L.A. R.S.O. 2000 prevails. (read more )
Seip & Associates Inc. v Emmanuel Village Management Inc., 2009 ONCA 222
Novation and substitution of party (read more)
Corporate Commercial
3574423 Canada Inc. v Baton Rouge Restaurants Inc., [2013] OJ NO 297 (ONCA)
Franchise law and disclosure requirements (read more)
2011680 Ontario Inc. v 968831 Ontario Inc., 2011 ONSC 4595
Liquidation and dissolution of corporation (read more)
Med-Chem Health Care Limited v Misir, 2010 ONCA 380
Action by corporation against former directors for breach of duty owed to corporation (read more)
King Line Investments Inc. v 973976, [2009] OJ No 2747 (ONSC)
Contractual interpretation, general principles
Holden v Infolink Technologies Ltd., [2005] OJ No 4393 (ONSC)
Plaintiff in oppression action against defendant and corporation was not entitled to production (read more)
Montreal Trust Co. of Canada v Olympia & York Developments (Administrator of), [1998] OJ No 1958 (Div Ct)
Mortgage action
Rogers and Agincourt Holdings Ltd. et al., [1976] OJ No 2341 (ONCA)
Court empowered to order winding-up where just and equitable (read more)
Costs
Willowbrook Nurseries Inc. v. Royal Bank of Canada, 2018 ONCA 21
Court awards costs to successful party of $20,000. (read more )
Damages
Little v. Floyd Sinton Limited, 2019 ONCA 865
Jury instructions on causation and apportionment of responsibility in personal injury trial and whether an incapable minor had a duty to mitigate damages by seeking psychological treatment. (read more)
MacLeod v. Marshall, 2019 ONCA 842
Applicable standard of proof for loss of earning capacity and whether 500K in punitive damages was a reasonable award for historical sexual abuse. (read more )
Cassandro v. Glass, 2019 ONCA 654
Whether the ancient common law right of distress damage feasant entitled a commercial landlord to distrain his tenant’s commercial equipment and, if not, whether the tenant proved his claim for loss of income as a result of the illegal distraint. (read more )
Levinsky v Toronto-Dominion Bank, 2013 ONSC 5657
Restrictive covenant in employment contract and long-term compensation plan for senior employees (read more)
Beraldo v Janzic, 2013 ONSC 4770
Physical and psychological injuries from motor vehicle accident (read more)
Degennaro v Oakville Trafalger Memorial Hospital, 2011 ONCA 319
Physical and psychological injuries and fibromyalgia or chronic pain (read more)
Magnussen Furniture Inc. v Mylex Ltd., 2008 ONCA 186
Damages for breach of contract and negligence (read more)
Bensuro Holdings Inc. v Avenor Inc., [2004] OJ No 4875 (ONCA)
Reduction of damages for breach of contract (read more)
Reynolds v Innopac Inc., [1992] OJ No 2041, 37 OR (3d) 577 (ONCA)
Wrongful dismissal and constructive dismissal (read more)
Defamation
Family Law
Insurance
Champion Products Corp. v. Intact Insurance Company, 2020 ONCA 111
Did the defendant insurance company waive the plaintiffs’ forfeiture of its rights when it did not purchase a replacement property within the timeframe allotted in a settlement agreement? Was the plaintiff otherwise entitled to relief from forfeiture? (read more)
Andersen Estate v Metropolitan Life Insurance Co of Canada, [1994] OJ No 832 (Div Ct)
Interpretation of life insurance policy
Kusnierz v Economical Mutual Insurance Company, 2011 ONCA 823
Automobile insurance and statutory accident benefits and catastrophic impairment (read more)
Intellectual Property
Legal Profession
Law Society of Ontario v. Goodman, 2020 ONLSTH 63
The Ministry of the Attorney General (MAG) successfully moved to quash a summons to witness issued by the Tribunal, at Mr. Goodman’s request. The grounds for the motion were that the summons sought evidence that was not relevant to the allegations in this proceeding and was an abuse of process. (read more )
Gardiner Miller Arnold LLP v Kymbo International Inc., 2007 ONCA 648
Barristers and solicitors and actions against clients (read more)
Medical Malpractice
Shantry v Thompson (appeal by Warbeck), 2015 ONCA 395
Administration and prescription of drugs (read more)
MacGregor v Potts, 2012 ONCA 226
Negligence and standard of care and emergencies and causation (read more)
Gutbir (Litigation guardian of) v University Health Network, 2012 ONCA 66
Standard of care (read more)
Lawless v Anderson, 2011 ONCA 102
Limitation period and discoverability and plaintiff underwent breast augmentation surgery (read more)
Fisher v Atack, 2008 ONCA 759
Hospitals and health care facilities and vicarious liability of nurses (read more)
Paxton v Ramji, 2008 ONCA 697
Duty of care to unborn child and doctor prescribing drug to patient on understanding that patient could not become pregnant (read more)
Bovingdon (Litigation guardian of) v Hergott, 2008 ONCA 2
Doctor prescribing fertility drugs does not owe duty of care to prematurely born twins (read more)
Caza v Kirkland and District Hospital, [2003] OJ No 2438
Appeal related to the sufficiency of evidence supporting the finding of causation (read more)
Municipal Law
Ouellette v Hearst (Town), 70 OR (3d) 204 (ONCA)
Claims against municipality and s. 284(3) of the municipal act (read more)
Mississauga (City) v Britannia North Holdings Inc., [1999] OJ No 4672 (Div Ct)
Land use control and subdivision plan
York (Regional Municipality) v Martin Grove Properties Ltd., 2011 ONCA 711
Action by municipality (read more)
Greenhalgh v Douro-Dummer (Township), 2012 ONCA 299
Action against municipality respecting roadway maintenance and operation (read more)
Negligence
Little v. Floyd Sinton Limited, 2019 ONCA 865
Jury instructions on causation and apportionment of responsibility in personal injury trial and whether an incapable minor had a duty to mitigate damages by seeking psychological treatment. (read more)
Belanger v Sudbury (Regional Municipality), 2017 ONCA 428
Municipal liability for highway maintenance and operation (read more)
TMS Lighting Ltd v KJS Transport Inc., 2017 ONCA 427
Appeal from assessment of damages for nuisance and trespass (read more)
Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417
Duty of care and defendant transferred Barbados participating policies to another life insurer three years before it demutualized and distributed $9 billion in value to its participating policyholders (read more)
Rollins (Litigation guardian of) v English Language Separate District School Board No. 39, 2012 ONCA 104
Education law and civil liabilities of school staff (read more)
Trajkovich v Ontario (Minister of Natural Resources), 2009 ONCA 898
Causation and action for injuries sustained while swimming in a park owned by the respondents (read more)
Ristimaki v Cooper, [2006] OJ No 1559 (ONCA)
Barrister and solicitor negligence and standard of care (read more)
Bluestein v Carr, [2004] OJ No 1451 (ONSC)
Default on mortgage and distribution of sale proceeds and barrister and solicitor negligence (read more)
Real Estate
Vivekanandan v. Terzian, 2020 ONCA 110
Did a proposed easement over a portion of a driveway reasonably accommodate the dominant tenement? Was the true owner’s periodic entry into enclosed land sufficient to defeat an adverse possession claim? (read more )
Sandhu v Sikh Lehar International Organization, 2017 ONSC 5680
Validity of agreement of purchase and sale for real property and available remedies (read more)
2054476 Ontario Inc. v 514052 Ontario Ltd., [2009] OJ No 278 (ONSC)
Breach of agreement of purchase and sale for real property
Yorkwood Homes (Georgetown) Inc. v Law Development Group Georgetown (No. 2) Ltd., 45 OR (3d) 257 (ONCA)
Agreement for purchase of lots in plan of subdivision and draft plan approval (read more)
St. Thomas Subdividers Ltd. v 639373 Ontario Ltd., [1996] OJ No 1976
Specific performance (read more)
Sentinel Investments Corp v Sherwoodtowne Square Corp., [1996] OJ No 4192 (ONCA)
Easements, licenses and prescriptive rights
Gowan v Schneider, [1975] OJ No 2503 (ONSC)
Validity of mortgage and s. 29 of the planning act (read more)
Farantos Developments Ltd. et al. v Canada Permanent Trust Co et al. Canada Permanent Trust Co. et al. Third Parties, [1975] OJ No 2245 (ONSC)
Rescission clause in agreement of purchase and sale (read more)
Fulton et al. and Eastcan Holdings Ltd., [1973] 2 OR 438 (ONSC)
Relief against forfeiture of agreement of purchase and sale (read more)
Securities
North American Financial Group Inc. v. Ontario Securities Commission, 2018 ONSC 136
Appeal to Divisional Court from O.S.C. findings of securities fraud and sanctions were unreasonable dismissed. (read more)