Dina I. Awad

The appellant railway company appealed a partial summary judgment dismissing its claims for ongoing coal tar contamination as an abuse of process.

The appellant had previously commenced an action in 1989 for historical and continuing coal tar migration, which was dismissed for inordinate delay and failure to preserve evidence.

The appellant commenced a new action in 2014 claiming damages for continuing migration since 2012.

The Court of Appeal dismissed the appeal, holding that the continuing tort claims were exhausted by the dismissal of the 1989 action, and allowing the 2014 action to proceed would undermine finality and bring the administration of justice into disrepute.

The court granted summary judgment dismissing Canadian National Railway Company's claims relating to coal tar contamination as an abuse of process, since those claims had already been dismissed in 2014 due to inordinate delay and failure to preserve evidence.

The court found that the same fairness concerns that prevented a fair trial in 2014 persisted.

However, the court allowed CN's claims regarding benzene contamination to proceed, finding that these claims did not crystallize until 2014 and were not part of the earlier action.

The decision clarifies the application of res judicata and abuse of process in the context of environmental contamination and continuing torts.

The plaintiff real estate agent and brokerage sued the defendant homeowners and their neighbour for unpaid commission on the sale of a multimillion-dollar property.

The homeowners had signed multiple listing agreements but ultimately sold the property privately to a buyer introduced by the neighbour.

The court found that the buyer was introduced to the property during the term of the second listing agreement, triggering the holdover clause, and that a valid offer was made during the term of the third listing agreement.

The court also found that the neighbour induced the homeowners to breach their contract with the plaintiffs.

The plaintiffs were awarded the full commission amount.

The plaintiff pharmaceutical manufacturer sued the corporate defendants and their sole director, a pharmacist, alleging unauthorized 'vial-splitting' of a specialty ophthalmic drug.

The individual defendant moved to strike the claims against him personally, arguing they duplicated the claims against the corporate defendants.

The court struck the intentional tort claims but allowed the negligence and unjust enrichment claims to proceed, finding it possible the individual acted in his personal capacity as a pharmacist.

The plaintiff also successfully moved to strike a paragraph in the statement of defence that referenced the contents of its complaint to the Ontario College of Pharmacists, as such contents are inadmissible under section 36(3) of the Regulated Health Professions Act.

At an urgent case conference days before a peremptory 10-day non-jury trial, the defendants requested the trial proceed virtually due to the COVID-19 pandemic and defence counsel's heightened health risks.

The plaintiffs opposed, arguing that credibility issues and the need for an interpreter required in-person viva voce testimony.

The court applied Rule 1.08 of the Rules of Civil Procedure and ordered the trial to proceed by videoconference, emphasizing the need to keep matters moving during the pandemic and the unacceptable risk of forcing attendance contrary to medical advice.

The defendants Jing Liu and Yu De Xing (the "Xing defendants") brought a motion to enforce a Third Party Offer to Settle dated July 4, 2017, which they accepted on February 15, 2020.

The plaintiffs and Third Party argued that a subsequent global offer to settle from January 2020 impliedly withdrew the earlier offer, or that the court should exercise discretion due to inadvertent error.

The court found the two offers to be fundamentally distinct and that the later offer did not impliedly withdraw the earlier one.

The motion to enforce the July 2017 Offer to Settle was granted, and partial indemnity costs were awarded to the moving parties.

The plaintiff vendor commenced an action after the defendant purchaser failed to complete a commercial real estate transaction governed by an amended agreement of purchase and sale.

The purchaser argued that the contract was void due to an unmet third‑party condition and alleged failure to produce a long‑form lease.

The court found the amended agreement was a firm contract without conditions precedent and that the purchaser breached it by failing to pay the additional deposit and refusing to close in an attempt to renegotiate price.

Specific performance was denied because damages were an adequate remedy in the context of a commercial property transaction.

The court assessed damages at $300,000 based on the difference between the agreed purchase price and the market evidence available, and ordered release of the deposit to the vendor.

The Member, a teacher, appeared before the Discipline Committee on an agreed statement of facts and joint submission on penalty.

He admitted to grabbing and pushing a student against a portable handrail, and to failing to adequately supervise students on two occasions, including an unauthorized trip to his home.

The Committee found the Member guilty of professional misconduct, including physical abuse and failure to supervise.

Accepting the joint submission, the Committee ordered a reprimand, completion of a course on boundary issues and student supervision, and publication of the decision including the Member's name.

The member, a school principal, pleaded no contest to allegations of professional misconduct.

He installed unauthorized software (Skype) on his school computer and used his board email account for personal, intimate communications.

During the board's investigation, he deleted or transferred personal emails from his school account.

The Discipline Committee found him guilty of professional misconduct and accepted a joint submission on penalty, ordering a reprimand and completion of a course on the ethics and responsibilities of administrators.

The Committee also ordered the publication of his name in the College's official publication.

The member, a teacher, faced allegations of professional misconduct for verbally and physically abusing students, including hitting a student with a water bottle, dropping a ball on a student's stomach, and making inappropriate comments about a student's appearance.

The member pleaded no contest to the allegations.

The Discipline Committee found the member guilty of professional misconduct.

The Committee ordered a reprimand, completion of a course on anger management and maintaining appropriate boundaries, and publication of the member's name in the College's official publication.

The Member, a teacher, faced allegations of professional misconduct for posting inappropriate and discriminatory comments on a blog and his website regarding abortion and homosexuality, and for making homophobic remarks to a student and his principal.

The Member pled no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a one-month suspension of his Certificate of Qualification, completion of a course on maintaining appropriate boundaries, and publication of the decision including the Member's name.

The Discipline Committee held a penalty hearing after finding the member guilty of professional misconduct for failing to maintain appropriate boundaries with students.

The member did not attend the hearing.

The Committee ordered a three-month suspension of the member's teaching certificate, required him to complete a course on maintaining boundaries before accepting any teaching position, and ordered a verbal reprimand and publication of the decision.

The Member, a teacher, faced allegations of professional misconduct and incompetence following three unsatisfactory performance appraisals.

The College withdrew the incompetence allegation, and the Member pleaded no contest to professional misconduct for failing to maintain professional standards and failing to comply with the relevant Acts.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty.

The Committee accepted a joint recommendation on penalty, imposing conditions on the Member's Certificate of Qualification and Registration, including the requirement to complete an additional qualification course before returning to teaching.

The Committee declined to publish the Member's name in the College's official magazine, noting the Member's retirement, the absence of student safety concerns, and the mitigating circumstances.

The Ontario College of Teachers brought a discipline proceeding against a member whose teaching certificate had been cancelled by the Nova Scotia Department of Education for professional misconduct.

The member had engaged in inappropriate behaviour over a three-year period, including making sexual comments to colleagues, discussing his personal relationships with students, and conducting unsafe experiments.

The Discipline Committee found the member guilty of professional misconduct based on the findings from Nova Scotia.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that his name be published in the College's official publication.

The Ontario College of Teachers brought a discipline proceeding against a member alleging incompetence and professional misconduct.

The College withdrew the professional misconduct allegations.

The member did not attend the hearing but submitted a plea of no contest to the allegation of incompetence, acknowledging two unsatisfactory performance appraisals related to classroom management, ongoing assessment, and teaching strategies.

The Discipline Committee found the member incompetent under subsection 30(3) of the Ontario College of Teachers Act, 1996.

The Committee accepted a joint recommendation on penalty, ordering that terms, conditions, and limitations be placed on the member's Certificate of Qualification, including the requirement to complete an Additional Qualification course and undergo performance appraisals upon returning to teaching.