3 total
Judicial review of municipal rental licensing by-law dismissed; student status not a protected human rights ground.
The applicant, a landlord, sought judicial review of a City of North Bay by-law imposing licensing requirements on rental properties with multiple tenants.
She argued the by-law discriminated against students contrary to the Human Rights Code and the Charter, and conflicted with the Residential Tenancies Act.
The Divisional Court dismissed the application, finding that student status is not a protected ground, there was no evidence of adverse effects discrimination, and the by-law did not conflict with the Residential Tenancies Act.
Summary judgment motion dismissed; knowledge of a cut nerve alone did not trigger the limitation period.
The defendant brought a motion for summary judgment to dismiss the plaintiff's medical malpractice action on the basis that the limitation period had expired.
The defendant argued the plaintiff discovered the claim when he learned a nerve had been cut during surgery.
The court found that knowledge of a cut nerve, without reason to believe it was more than an unfortunate surgical outcome, was insufficient to start the limitation period.
The defendant's motion was dismissed, and partial summary judgment was granted to the plaintiff dismissing the limitation period defence.
Over $1.2 million in damages awarded to victim of brutal kidnapping and sexual assault.
The plaintiff, a 25-year-old university student, was kidnapped, forcibly confined, and sexually assaulted by the defendant, a store clerk, after she entered a health food store.
The defendant was noted in default in this civil action after being convicted criminally and designated a dangerous offender.
The court assessed damages, awarding the plaintiff $225,000 in general and aggravated damages, $75,000 in punitive damages, $827,957 for past and future income loss, and $125,000 for future care costs, plus substantial indemnity costs.