A. Smith

The defendant, Matthew Tyityan, was charged with stunt driving under the Highway Traffic Act for speeding 154 km/hr in a 100 km/hr zone.

The defence challenged the police officer's credibility regarding the use of notes to refresh memory, the timing of radar device testing, and potential interference from other vehicles.

The court found the officer's testimony credible and consistent, accepting his observations and the radar reading.

The defence's arguments were deemed speculative, and the prosecution was found to have proven the case beyond a reasonable doubt, resulting in a conviction.

The plaintiff brought actions claiming ownership of a 1973 Dino Ferrari and interests in his parents' motel business, alleging improper conversion of assets by his mother's attorneys for property.

The defendants moved for summary judgment.

The court found that the motel was a partnership between the parents, the plaintiff was merely an employee, and the Ferrari was an asset of the motel business despite being registered in the plaintiff's name.

The court dismissed the plaintiff's claims for unjust enrichment, oppression under the Business Corporations Act, and conversion of personal property, granting summary judgment in favour of the defendants.

The defendant was charged with five offences arising from a motor vehicle collision on June 5, 2017, on Lawrence Avenue West in Toronto: changing lanes not in safety, failing to remain at the scene, failing to report the accident, failing to provide required information, and failing to disclose insurance particulars.

The complainant testified that the defendant's vehicle struck his BMW, and the defendant fled the scene.

The defendant was later identified through the vehicle's licence plate.

At trial, the defendant denied the collision occurred.

The court found the complainant's testimony credible and consistent, rejected the defendant's contradictory and inconsistent evidence, and convicted on all five counts.

The plaintiff brought a motion seeking an order for her examination for discovery by video conference from Lithuania, leave to examine the defendant before trial due to his advanced age, and assignment of the proceeding to case management.

The court granted all three requests, finding it just given the plaintiff's intention to return to Lithuania, the defendant's age, and the serious nature of the allegations.

However, despite the plaintiff's success on the substantive relief, the court awarded $1,000 in costs to the defendant, payable by the plaintiff, citing the plaintiff's insufficient efforts to resolve matters prior to and after bringing the motion.

The plaintiff sought costs for the defendant's abandoned motion for security for costs.

The court, applying Rule 37.09(3) of the Rules of Civil Procedure, found the plaintiff entitled to costs.

Considering the circumstances, including the delivery of motion records and preparation for cross-examinations but absence of facta or actual cross-examinations, the court fixed the all-inclusive costs at $10,000, rejecting both the plaintiff's higher claim of $21,847.65 and the defendant's lower offer of $4,500.

The decision emphasized that costs awards should reflect a fair and reasonable amount rather than an exact measure of actual costs.

The defendant, The Walt Disney Company, previously brought a motion to seal excerpted provisions of agreements it intended to rely on in a stay motion.

The plaintiff successfully opposed the motion and brought a cross-motion regarding redactions.

In this endorsement, the plaintiff sought substantial indemnity costs for the motion.

The court awarded the plaintiff partial indemnity costs, finding no improper conduct by the defendant to warrant a higher scale, but affirming the plaintiff's right to costs for successfully defending the open court principle and adding value to the hearing.

The plaintiff commenced a defamation action in Ontario in 2010 against the defendants.

In 2011, the plaintiff commenced a parallel action in Korea for the same defamation claims.

The Korean action was dismissed after the plaintiff failed to comply with an order to post security for costs.

The defendants brought a motion in Ontario to stay the proceeding as an abuse of process and forum non conveniens.

The court granted the motion, finding that the plaintiff's attempt to continue the Ontario action after his Korean action was dismissed on the merits constituted an abuse of process.

The action was permanently stayed and the statement of claim was struck without leave to amend.

The defendant was charged with permitting a motor vehicle to be operated without insurance contrary to section 2(1)(b) of the Compulsory Automobile Insurance Act.

The Crown alleged that by giving the keys to the vehicle to a friend, the defendant permitted the vehicle to be driven while uninsured.

The defendant testified that he explicitly instructed the friend not to drive the vehicle, giving him the keys only to allow prospective buyers to view the interior.

The court found that the Crown failed to prove beyond a reasonable doubt that the defendant permitted the operation of the vehicle, as the defendant's instructions were clear and unequivocal.

The defendant was acquitted.

The defendant was charged with three Highway Traffic Act offences: driving under a licence of another jurisdiction while suspended in Ontario (s. 36), driving while under suspended licence (s. 53(1)), and improper number plate light (s. 62(19)).

The prosecution established that the defendant's Ontario driver's licence had been suspended since March 17, 1994 for unpaid fines, and that he was operating a vehicle with an Alberta licence plate and defective rear licence plate light on August 10, 2010.

The defendant claimed no knowledge of the suspension and maintained he had obtained an Alberta licence in good faith.

The court found the defendant's testimony not credible and contradicted by prosecution evidence, including testimony from an officer who personally served the suspension notice in 1994.

The defendant was found guilty of all three offences.