Branko J. Kurpis

The plaintiffs sued the City of Cambridge and its Animal Services for negligence following a dog bite incident, alleging failure to properly enforce the animal control by-law regarding prior incidents involving the same owners or premises.

The municipal defendants moved for summary judgment.

The court granted the motion, finding that the animal control officer's exercise of discretion during prior investigations did not fall below the standard of care.

Furthermore, the court held that the plaintiffs could not establish that the alleged negligence caused the injuries, as it was speculative whether further investigation would have prevented the attack.

The applicants were successful on a motion regarding the procedure for DNA testing to determine if the respondent's child was the biological child of the deceased.

The applicants sought costs of $17,485.82 on a partial and substantial indemnity basis.

The court found the applicants were the successful parties and their offer to settle was reasonable, but concluded the costs claimed were excessive given the narrow issue and the modest amount in dispute ($62,841.54).

The court fixed the applicants' costs at $7,213 inclusive of HST and disbursements.

The applicants sought removal of the estate trustee under ss. 5 and 37 of the Trustee Act and the appointment of a replacement trustee.

The court reviewed the governing principle that removal of a trustee depends primarily on the welfare of the beneficiaries and whether the continuation of the trustee would impair proper administration of the trust.

Evidence showed escalating hostility between the estate trustee and beneficiaries, questionable handling of estate assets, and conduct demonstrating disregard for the beneficiaries’ interests.

The court concluded that the level of animosity and breakdown in trust would prevent proper administration of the estate and ongoing trust obligations.

The estate trustee was removed and an independent lawyer was appointed as replacement trustee.