Derek Nicholson

The plaintiffs advanced $60,000 to the defendant, claiming it was a personal loan.

The defendant argued the funds were intended for a high-risk investment in a third-party lending business.

The court found that the plaintiffs knew the funds were for an investment, but the defendant only invested $26,000 and secretly retained $34,000 to reduce his own exposure to the scheme.

The court ordered the defendant to repay the $34,000 he misappropriated, but dismissed the claim for the $26,000 that was actually invested and lost when the scheme collapsed.

The plaintiff was injured when he tripped and fell into a glass wall while playing squash at a city-owned sports centre.

The defendants moved for summary judgment dismissing the claim under the Occupiers' Liability Act.

The court dismissed the motion, finding the defendants' documentary record deficient, particularly because their sole affidavit relied on information and belief without specifying the sources, failing to meet the evidentiary burden to establish the standard of care, voluntary assumption of risk, or the independent contractor defence.

The applicant, an adult under disability, sought court approval for the settlement of his Statutory Accident Benefits claim against Intact Insurance Company.

The court approved the settlement, which included a $200,000 lump sum payment and a structured settlement annuity.

The court also approved the applicant's solicitor-client account of $40,005.22.

Following a motion where the moving party sought to bifurcate liability and damages at trial, the responding plaintiffs successfully opposed the motion but were unsuccessful on a jurisdictional argument regarding whether the court could order bifurcation without consent.

The court addressed the appropriate costs award arising from that motion.

Applying the principle that costs generally follow the event, the court held that the successful party should receive costs notwithstanding partial success by the moving party on a legal argument.

Costs were fixed on a partial indemnity basis and reduced to reflect the divided success.

The responding defendant was ordered to pay a lump sum amount inclusive of HST and disbursements.