Blair Bowen is an Ontario lawyer with 3 court cases on record from 2014 to 2017.

What courts has Blair Bowen appeared in?

Blair Bowen has appeared in Superior Court of Justice.

How many cases has Blair Bowen handled?

Blair Bowen has 3 cases on record from 2014 to 2017.

What judges has Blair Bowen appeared before?

Blair Bowen has most frequently appeared before Justice Diamond, Justice Frank J.C. Newbould.

Blair Bowen | Lawyer

3 total

Gray v. Brathwaite, 2017 ONSC 2692

Following the dismissal of both the plaintiff's action and the defendants' counterclaim, the parties made written submissions on costs.

The defendants sought partial indemnity costs of $69,195.59, while the plaintiff argued she was entitled to costs due to the defendants' bad faith and breach of a standstill agreement.

The court noted that although the plaintiff succeeded on the issue of a joint family venture, the action remained a civil proceeding, making the Family Law Rules inapplicable.

Finding divided success but slightly more success for the defendants, and considering the defendants' conduct, the court awarded the defendants costs fixed at $30,000 on a partial indemnity basis.

SCJMay 1, 2017

Applicant Counsel

Gray v. Brathwaite, 2016 ONSC 4163

During the trial, the plaintiff brought a motion for leave to amend her Statement of Claim after the trial judge noted her pleadings contained irreconcilable theories regarding her interest in two corporations.

The plaintiff sought to amend her claim to assert unjust enrichment and constructive trust arising from a joint family venture with the individual defendant, while abandoning claims of legal ownership.

The court granted leave to amend the pleadings to advance the unjust enrichment and constructive trust claims, finding that such claims may not have vested in her trustee in bankruptcy if they crystallized after her discharge.

However, the court denied leave to amend claims asserting legal or beneficial ownership, as those would have vested in the trustee upon her voluntary assignment in bankruptcy.

SCJJun 24, 2016

Respondent Counsel

Nova Growth Corp. et al. v. Kepinski et al.; Hamm v. Kepinski et al., 2014 ONSC 3869

Following the dismissal of two related civil actions, the successful defendants sought a costs order requiring the plaintiffs’ counsel personally to pay a portion of the trial costs associated with calling 22 witnesses.

The defendants argued that the evidence of those witnesses was inadmissible under the parol evidence rule and that counsel’s decision to call them wasted approximately ten days of trial time.

The court considered Rule 57.07 of the Rules of Civil Procedure and the court’s inherent jurisdiction to award costs against a solicitor.

The judge held that such orders should be made only in rare circumstances and typically require conduct approaching recklessness, abuse of process, or bad faith.

The court concluded that counsel’s decision to lead the evidence was not reckless or abusive and declined to order costs against counsel personally.

Respondent Counsel