Avril Hasselfield

The appellant appealed a judgment awarding damages to the respondent for breach of a commercial sign lease.

The appellant acknowledged the breach but challenged the quantum of interest on the accelerated payment, argued unconscionability, and claimed a failure to mitigate.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's interest calculation, rejecting the unconscionability and mitigation arguments, and upholding the trial judge's award of solicitor and client costs based on the lease terms.

The appellant's estate appealed a decision of the Health Services Appeal and Review Board denying reimbursement for out-of-country medical treatment.

The appellant, suffering from advanced ovarian cancer, travelled to Germany for chemotherapy and experienced a perforated bowel requiring immediate surgery.

The Board found that the bowel perforation was not 'unexpected' given her underlying condition, and thus did not qualify as an insured service under the regulations.

The Divisional Court applied a reasonableness standard of review and upheld the Board's decision, finding it was supported by medical evidence that the complication was predictable.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying her claims for benefits.

The Tribunal had found the applicant not credible and concluded that her job duties did not cause her absence and that no specific accident occurred.

The Divisional Court applied the patent unreasonableness standard of review and found that the Tribunal carefully reviewed the evidence and gave reasons for its decision.

The application for judicial review was dismissed.

The appellant appealed a confirmation order made under section 19 of the Divorce Act, which fixed child support based on imputed income and confirmed spousal support arrears.

The appellant argued the motion judge failed to consider his motion to rescind the arrears.

The Court of Appeal dismissed the appeal, finding that the motion judge's findings of fact supported the imputation of income and the confirmation of child support, and that the circumstances were not sufficiently egregious to support rescinding the spousal support arrears.

The appellant appealed a trial judgment finding that no binding agreement was reached between the parties.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to find that the tenant's identity was a material issue and that the parties did not reach a consensus ad idem on that essential issue.

Costs were awarded to the respondents in the amount of $5,000.

The appellant failed to comply with an order to post $15,000 as security for costs before the appeal hearing.

The court noted a long pattern of non-payment of spousal and child support, with arrears exceeding $27,000.

The appeal was dismissed with costs fixed at $15,000.

The appellant appealed a Small Claims Court judgment awarding the respondent $5,500 for the sale of welding wire.

The appellant argued the trial judge erred in finding the wire was still certified and failed to appreciate the extent of the defects.

The Divisional Court dismissed the appeal, finding the trial judge's conclusions were supported by the evidence and there was no palpable and overriding error.