4 total
Human rights application reactivated; respondent ordered to remove privileged settlement letter from its Response.
The applicant requested the reactivation of her human rights application, which had been deferred pending a WSIB proceeding.
She also requested the removal of a 'without prejudice' settlement letter from the respondent's Response.
The Tribunal granted the reactivation, finding the termination issue was no longer live before the WSIB.
The Tribunal also ordered the respondent to remove the settlement letter, as it was protected by settlement privilege.
Finally, the Tribunal directed a preliminary hearing to determine whether the application should be dismissed under s. 45.1 of the Human Rights Code based on the prior WSIB proceeding.
Human rights application deferred pending outcome of concurrent WSIB appeal regarding termination of employment.
The respondent requested that the human rights application be dismissed under s. 45.1 of the Human Rights Code, arguing that a WSIB decision regarding the applicant's workplace injury had appropriately dealt with the substance of the application.
The Tribunal denied the request to dismiss because the WSIB proceedings were ongoing and under appeal.
However, the Tribunal deferred consideration of the application pending the outcome of the WSIB appeal to avoid the risk of inconsistent findings of fact regarding the reasons for the termination of the applicant's employment.
Appeal dismissed; trustee not liable for aborted real estate transaction where beneficiary was disclosed and pleaded.
The appellants appealed a trial judgment regarding an aborted real estate transaction where the purchaser was identified as a corporation 'In Trust'.
The appellants had pleaded that the corporation was acting as a trustee for a disclosed beneficiary, but later sought to amend their pleadings at the end of the trial to hold the trustee liable.
The trial judge denied the motion to amend and held only the corporate beneficiary liable.
The Court of Appeal dismissed the appeal, finding that the trustee status was not a live issue at trial due to the appellants' own pleadings, and awarded costs to the respondents.
Appeal of professional negligence action against lawyer dismissed; trial judge's evidentiary rulings and findings upheld.
The appellant sued her former lawyer for professional negligence, alleging he settled her motor vehicle accident claim too soon and for too little.
The trial judge dismissed the action, finding the lawyer met the standard of care and the appellant was motivated to settle early.
On appeal, the appellant argued the trial judge erred in qualifying a mediator as an expert and in permitting a defence expert to testify despite a breach of an order excluding witnesses.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's evidentiary rulings or her conclusion that the lawyer met the standard of care.
