David E. Leonard

The Bank of Nova Scotia brought a motion to quash the appellant's Notice of Appeal on the basis that it was filed approximately five months late.

The appellant brought a cross-motion seeking an extension of time to serve a fresh Notice of Appeal.

The Court of Appeal granted the motion to quash and dismissed the cross-motion, finding that the appellant had been notified of the time limit, the appeal lacked merit, and the interests of justice did not warrant an extension of time.

The appellant was terminated from her employment of 15.5 years while dealing with medical issues.

The trial judge found the employer acted in bad faith and initially awarded 12 months' notice, which she later increased to 16 months after being informed of a Rule 49 offer to settle.

The appellant appealed the notice period and the dismissal of her claim for aggravated and punitive damages.

The respondent cross-appealed, arguing the trial judge erred in increasing the notice period after learning of the settlement offer.

The Court of Appeal dismissed both appeals, finding the 16-month notice period was within a reasonable range and that a trial judge has broad discretion to alter a judgment before it is formally entered.

The defendants appealed a trial judgment awarding the plaintiff physician $200,000 in general damages for defamation arising from an investigative television broadcast.

The broadcast suggested the plaintiff knowingly prescribed dangerous heart medication and was dishonest.

The trial judge found the broadcast defamatory, rejected defenses of qualified privilege and fair comment, and found malice.

The plaintiff cross-appealed the denial of exemplary damages.

The Court of Appeal dismissed the defendants' appeal, finding no error in the trial judge's liability or general damages assessment.

The Court allowed the cross-appeal, awarding $150,000 in exemplary damages because the defendants distorted the plaintiff's words and maintained their position through the appeal despite the finding of malice.

The defendants appealed a trial judgment awarding the plaintiff doctor $200,000 in general damages for defamation arising from a television broadcast.

The plaintiff cross-appealed the dismissal of his claim for aggravated damages.

The Court of Appeal found no palpable or overriding error in the trial judge's liability findings or assessment of general damages.

However, the Court allowed the cross-appeal, finding that the plaintiff was attacked in his profession and defamed using his own distorted words, warranting an award of $150,000 in aggravated damages.

The appellant bank appealed a decision ordering a court-appointed receiver to pay municipal realty taxes to the respondent municipality in priority to the bank's secured claims.

The Court of Appeal dismissed the appeal, holding that under section 382 of the Municipal Act, municipal realty taxes have priority over all other claims except the Crown.

The Court also held that a court-appointed receiver is a 'trustee' within the meaning of section 400(11) of the Act, giving the municipality priority over the proceeds of personal property realized by the receiver.