Alfred S. Schorr

The appellant appealed a finding of civil fraud.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings were supported by the evidence and not tainted by palpable and overriding error.

The court noted that although the respondent did not prove one particular of fraud (participation in a fraudulent discharge), the other proven particulars supported the judgment.

The appellants appealed an order dismissing their motion.

The Court of Appeal found no error in the motion judge's disposition, noting the prolonged and largely unexplained delay in bringing the motion for a hearing, as well as the potential prejudice to a third-party purchaser who was not given notice.

The appeal was dismissed with costs fixed at $4,500.

The appellant garnishee appealed an order from a garnishment hearing, arguing the motion judge reversed the burden of proof, improperly admitted transcript evidence from the judgment debtor's trial, and failed to give weight to a former solicitor's evidence.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's approach to the burden of proof, the admission of the transcript, the adverse inference drawn from failing to call the judgment debtor, or the weighing of evidence.

The appellant's husband gave a mortgage to the respondent to secure a loan, which the appellant guaranteed.

When the mortgage matured, the husband forged the appellant's signature on a renewal agreement without the respondent's knowledge.

After the husband defaulted, the respondent sold the property under power of sale and sued the appellant for the deficiency.

The Court of Appeal dismissed the appellant's appeal, holding that the clear and unambiguous language of the original guarantee bound her until the moneys originally advanced were fully paid, regardless of the forged renewal.

The Discipline Committee of the Ontario College of Teachers held a penalty hearing after finding the member guilty of professional misconduct.

The Committee noted that the member breached a position of significant trust and showed no remorse or regard for the consequences of his actions on the Board, students, and parents.

Consequently, the Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration and directed the publication of the findings and the member's name.

The Ontario College of Teachers brought discipline proceedings against a member who was employed as a Coordinator of Arts/Physical Health Education by a school board.

The member was alleged to have defrauded the board by authorizing payments to his brother for a plagiarized music curriculum, failing to remit ticket sales from a school production, and holding unauthorized employment as a principal at a private school.

The Discipline Committee found the member guilty of professional misconduct, noting his prior criminal conviction for fraud related to the same conduct.

The respondent held a registered copyright in two operating system programs for its computers.

The appellants copied the programs, which were embedded in silicon chips, and sold clone computers.

The appellants admitted the written assembly language versions were copyrightable but argued the silicon chips were not.

The Supreme Court of Canada held that the programs embedded in the silicon chip are a reproduction of the programs in assembly language and are protected by copyright under s. 3(1) of the Copyright Act.

The appeal was dismissed.