Chester Wydrzynski

The plaintiff was seriously injured when his four-wheel drive vehicle tipped backward at a motorsports park.

He brought an action for damages, and the defendants moved for summary judgment based on a release of liability and waiver of claims document signed by the plaintiff upon entry.

The court found that the plaintiff had the opportunity to read the waiver, which clearly stated it was a release of liability, and that the waiver covered the location of the accident and the plaintiff's participation.

The court granted summary judgment and dismissed the action, finding no genuine issue requiring a trial.

The plaintiff brought an action against the Children's Aid Society and several of its employees for $50 million, alleging breach of trust, Charter violations, and defamation after the Society determined she was not an approved caregiver and communicated this to families she was involved with.

The defendants moved for summary judgment.

The court granted the motion and dismissed the action, finding that the defendants were immune from liability under s. 37(1) of the CYFSA as they acted in good faith.

Furthermore, the court found no fiduciary duty, duty of care, or duty of confidentiality was breached, no Charter rights were engaged, and the defamation claims were defeated by the defences of justification and qualified privilege.

Following a jury trial for a motor vehicle accident where the plaintiff pedestrian was awarded damages less than the defendant's Rule 49 offer to settle, the court determined the costs payable.

The plaintiff was awarded costs up to the date of the offer, and the defendant was awarded costs thereafter.

The court reduced the defendant's costs due to a late concession on liability and the improper testimony of the defendant's expert witness, resulting in a net costs award payable to the plaintiff.