Ben Salsberg

The plaintiff's lawyer of record passed away, and his firm brought a motion to be removed from the record and for a charging order.

The motion was adjourned because adverse parties raised concerns about the plaintiff's capacity.

The court reviewed the legal framework for appointing a litigation guardian and ordering a capacity assessment under the Rules of Civil Procedure and the Courts of Justice Act.

The court directed the parties to consult and establish a framework to address the plaintiff's capacity before proceeding with the motion.

Counsel for the parties attended before the court for the signing of orders implementing Minutes of Settlement resolving the proceeding.

The court confirmed that the orders, issued on consent, concluded the litigation between the parties.

The court further clarified that investors associated with the plaintiff corporation retained any rights or claims they might have against the corporation regarding their investments.

However, those investors were barred from bringing further proceedings challenging the authority of the trustee, the FTA, or the corporation to settle the action.

Directions were given for copies of the orders, supporting affidavit, and the endorsement to be sent by registered mail to each investor.

The appellants failed to appear for their appeal.

The Court of Appeal dismissed the appeal with costs fixed at $4,000, without prejudice to the respondent's right to seek a writ of possession before the lower court judge.

The appellant trainer appealed a decision of the Stewards fining and suspending him after his horse tested positive for a prohibited substance, and for failing to maintain adequate medication records.

The Ontario Racing Commission allowed the appeal, finding that the trainer had established on a balance of probabilities that he took all reasonable care to protect the horse, and that the positive test likely resulted from an error by the treating veterinary hospital.

The Commission also found that the trainer's delegation of record-keeping to staff and reliance on hospital records satisfied the rules.

The fines and suspension were quashed, though the horse's disqualification remained.