Cynthia B. Kuehl

The applicant, a community development corporation, brought an application for a declaration that it is a 'local board' under the Municipal Affairs Act and therefore exempt from municipal property taxation under s. 3(1)(9) of the Assessment Act.

The court applied principles of statutory interpretation, including ejusdem generis, and found that the applicant did not meet the definition of a local board.

The application was dismissed.

The court-appointed receiver sought approval of a vesting order, ancillary orders, and a distribution order for the unsecured creditors of Royal Timbers Inc. A creditor of a related company in receivership, Banwell Development Corporation, objected to the payment of post-receivership interest to Royal Timbers' creditors, arguing the interest should instead be paid pro rata to Banwell's creditors due to a potential shortfall in the Banwell estate.

The court rejected this argument, holding that the two receivership estates were separate and the unsecured creditors of Royal Timbers were entitled to post-receivership interest from the surplus generated by the sale of Royal Timbers' assets.

The plaintiffs brought a medical malpractice action against several physicians following the death of a 47-year-old woman who died in hospital from an unknown cause, potentially a pulmonary embolism, acute coronary syndrome, or complications from sepsis.

The plaintiffs alleged the defendant doctors failed to diagnose and treat a pulmonary embolism with full-dose anticoagulation.

The court found that the defendant internal medicine specialists and cardiologists met the standard of care, as their differential diagnoses and treatments were reasonable given the patient's complex presentation.

The court also found the plaintiffs failed to prove causation on a balance of probabilities.

The action was dismissed.

The City of Toronto brought a motion to quash an appeal by Brookfield from an arbitration award determining the fair market rental for a commercial property.

The court held that under the arbitration agreement and the Arbitration Act, 1991, the parties' appeal rights were limited to questions of law with leave.

The court found that Brookfield's grounds of appeal, which related to valuation theories, lease rates, and contractual interpretation, raised questions of fact or mixed fact and law, not questions of law.

Consequently, the motion to quash the appeal was granted.

The plaintiff sought to add an orthopaedic surgeon as a co-defendant to a medical malpractice action nearly ten years after the surgery, alleging that the surgeon fraudulently concealed an intraoperative event.

The Master granted the motion to add the surgeon with leave to plead a limitation period defence.

On appeal, the Superior Court of Justice set aside the Master's order, finding that the plaintiff and his counsel knew or ought to have known of the potential claim against the surgeon shortly after the surgery.

The court held that there was no fraudulent concealment and that the claim against the surgeon was statute-barred.

The plaintiff underwent foot surgery by the defendant orthopedic surgeon, who had diagnosed a ganglion cyst.

During surgery, the defendant discovered a nerve tumour (schwannoma) and proceeded to excise it, causing permanent nerve damage to the plaintiff's foot.

The plaintiff sued for negligence, lack of informed consent, and battery.

The court dismissed the negligence claims regarding assessment and diagnosis but found the defendant liable for lack of informed consent and battery, as the material risks of nerve damage were not disclosed and the plaintiff did not consent to the peripheral nerve surgery.

The court awarded $75,112 in damages to the plaintiff and $5,000 to his wife under the Family Law Act.