Anne E. Posno

The defendant, Gail MacDonald (Trustee of John's Estate), brought a motion for a determination of a question of law under Rule 21.01(1)(a) of the Rules of Civil Procedure.

The plaintiff, Giovanni Zambri, claimed negligence and liability under the Occupiers' Liability Act following an explosion at a house.

The core issue was whether John's Estate owed a duty of care or was an occupier, given that a prior decision (Spies J.'s Decision) retroactively established Paul Zigomanis (John's son) as the legal and beneficial owner of the house at the time of the explosion.

The court found that John's Estate, not being the owner or trustee at the time of the explosion, did not owe a duty of care, nor was it an occupier under the Act.

Consequently, the plaintiff's claim against John's Estate was dismissed.

Appeal from a Superior Court judgment finding the indemnifier liable under an indemnity agreement for unpaid rent and related losses.

The indemnifier challenged the finding of liability based on alleged pre-contractual misrepresentations by the landlord regarding park improvements.

The court upheld the finding of liability, rejecting the misrepresentation defence.

On the quantum issue, the court dismissed the indemnifier's appeal regarding restoration costs and legal fees, but allowed the landlord's cross-appeal to extend liability for future rent through the end of the lease term, subject to mitigation credits.

The applicants, several humane societies, challenged the governance model of the respondent provincial animal welfare society.

After the respondent successfully resisted the application following a membership vote, the parties sought costs.

The applicants argued they should be shielded from costs as public interest litigants.

The court rejected this argument, finding the dispute was primarily about internal governance and control rather than a matter of public importance.

The court apportioned costs based on the stages of litigation and ordered the applicants (excluding one that withdrew) to pay $100,000 in costs to the respondent.

The successful plaintiffs sought recovery of expert witness disbursements following a summary judgment decision in their favour.

The parties agreed on partial indemnity costs of $25,000 plus HST, leaving only the amount recoverable for the plaintiffs’ expert report in dispute.

The court considered the reasonableness of the expert’s hourly rate and time spent, noting that the expert evidence had been largely unnecessary and that costs awards must be fair and reasonable under rule 57.01(1).

Applying principles governing recovery of expert fees similar to those for counsel fees, the court reduced the claimed expert disbursement from $13,000 to $9,000 plus HST.

The defendants moved for summary judgment dismissing a solicitor’s negligence claim arising from a commercial real estate transaction involving a building encroaching on a municipal laneway.

The plaintiffs alleged their lawyers failed to warn that the municipality might require payment to convey the laneway and that the title insurance obtained did not cover such a cost.

The court rejected arguments that the claim was statute‑barred and held that expert evidence was unnecessary because the failure to warn of a significant legal risk was apparent on the record.

Applying the “but for” causation test, the court found that had proper advice been given the plaintiffs likely would have sought protection such as a holdback or price abatement.

The motion for summary judgment was dismissed and partial summary judgment was granted to the plaintiffs, leaving only the assessment of damages and the claim against the title insurer for trial.