Caroline Hyunyoung Kim

The defendant brought a motion seeking production of documents identifying the source of income reported in the plaintiff's and Analitix Group Inc.'s income tax returns for 2013-2017, including T4s and T4As.

This request arose during discovery in a wrongful termination action where the plaintiff's employment status (employee vs. independent contractor) was a key issue.

The court found the request to be a proper follow-up question and relevant to the pleadings, particularly concerning whether the plaintiff worked exclusively for the defendant.

The motion was granted, and the plaintiff was ordered to produce the requested documents, with costs awarded to the defendant.

This endorsement addresses the costs arising from an appeal and underlying arbitration concerning child vaccination decisions.

The appellant father had successfully appealed an arbitrator's decision, gaining sole final responsibility for vaccination-related decisions for the children.

The court considered the principles governing costs awards, including the presumptive entitlement of the successful party, the treatment of pro bono counsel for costs recovery, and the assessment of offers to settle.

The court found the appellant was the successful party but did not beat his offer to settle.

It concluded that costs on a partial indemnity scale were appropriate, ordering the respondent to pay the appellant $52,000 all-inclusive for costs of both the appeal and arbitration.

This decision addresses a motion for leave to intervene brought by the Medical Officer of Health (City of Toronto) (MOH) in an appeal concerning the vaccination of children.

The appellant sought to overturn an arbitrator's decision that declined to order the children's vaccination, while the respondent opposed vaccination.

The court determined it had jurisdiction to hear the intervention motion remotely and in writing during the COVID-19 pandemic.

Applying the test for intervention, the court found that the MOH had a substantial public interest in the issues of vaccine efficacy, expert evidence gatekeeping, and judicial notice of public health policy.

The MOH's distinct public health perspective was deemed a useful contribution without causing injustice to the parties.

Leave to intervene was granted.