Aaron J. Wachna

The defendant moved to dismiss the plaintiff's defamation action under the anti-SLAPP provisions of the Courts of Justice Act (s. 137.1) and for summary judgment.

The plaintiff sued the defendant for allegedly making a false police report about a threatening phone call.

The court dismissed the plaintiff's cross-motion to file late evidence, finding the plaintiff had ample opportunity to prepare.

The court granted the defendant's motion to dismiss the action, holding that reporting a crime to the police is an expression in the public interest.

The plaintiff failed to show the suit had substantial merit or that the defendant lacked valid defences, as the defendant established qualified privilege and truth.

The insurer sought its expenses following a preliminary issue hearing where the arbitrator found that no 'accident' had occurred and dismissed the applicant's claim for statutory accident benefits.

The applicant's paralegal sought to be removed from the record due to a breakdown in the solicitor-client relationship, but the arbitrator denied the request to prevent prejudice to the applicant.

The arbitrator found that the applicant's claim was frivolous and his testimony fabricated, causing the insurer to incur unnecessary costs.

The arbitrator ordered the applicant to pay the insurer's expenses fixed at $8,419.18.

Following an unsuccessful personal injury action where a jury found no negligence on the defendant's part but assessed damages over $300,000, the court rendered a decision on costs.

The defendant sought substantial indemnity costs totaling over $485,000.

The plaintiffs argued for no costs, citing the exceptional "inevitable accident" finding and access to justice principles.

The court awarded the defendant partial indemnity costs from the date of their offer to settle, but significantly reduced the quantum to $184,000, inclusive of fees, HST, and disbursements.

The court declined to award costs against the Family Law Act claimants and limited the award to Katherine Pyatt, emphasizing reasonableness, access to justice, and the specific circumstances of the case.

The applicant sought statutory accident benefits following an alleged motor vehicle accident where he claimed he was struck by a vehicle while riding his bicycle.

The insurer denied the claim on the basis that no accident occurred.

The arbitrator found the applicant's testimony to be inconsistent and unreliable, noting contradictions regarding the mechanics of the collision and the lack of documented injuries in his medical records.

The arbitrator concluded that the applicant failed to prove on a balance of probabilities that an accident occurred within the meaning of s. 3(1) of the Schedule, and dismissed the application.

The plaintiff bank brought a motion for summary judgment against the defendants for outstanding loan and credit card debts.

The defendant Guy Sanders sought leave to file responding materials on the day of the hearing, which the court denied due to his failure to comply with previous timetable orders and lack of valid explanation.

The court found the plaintiff's affidavit evidence sufficient to establish the debts, noting the defendants' pleadings contained only bald denials without particulars.

The court granted summary judgment for the plaintiff and dismissed the defendants' counterclaim.