Enio Zeppieri

The appellant appealed a trial judgment finding that no binding agreement was reached between the parties.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to find that the tenant's identity was a material issue and that the parties did not reach a consensus ad idem on that essential issue.

Costs were awarded to the respondents in the amount of $5,000.

The appellant failed to comply with an order to post $15,000 as security for costs before the appeal hearing.

The court noted a long pattern of non-payment of spousal and child support, with arrears exceeding $27,000.

The appeal was dismissed with costs fixed at $15,000.

The appellant appealed the dismissal of her application for a declaration that a transfer of title and mortgage registered against the family home were of no force and effect.

The property had been transferred to the mother pursuant to a previous judgment, which also gave the appellant a 35% beneficial interest in the proceeds if the property was sold.

The mother transferred the property to two other siblings and registered a mortgage.

The Court of Appeal allowed the appeal, finding that the previous judgment made the mother a trustee of the property at the point of sale, and she had not proven that a valid sale at fair market value occurred.

The matter was referred back for trial.

The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them.

The applicant applied for arbitration, claiming ongoing benefits due to chronic pain and depression that rendered him unable to perform his pre-accident maintenance job.

The insurer argued the applicant was not disabled and that any impairment was due to pre-existing factors.

The arbitrator found the applicant's pain complaints genuine and supported by medical evidence, concluding he suffered from a chronic pain condition with a significant psychological component.

Applying the thin skull rule, the arbitrator held the accident materially contributed to the disability.

The applicant was awarded ongoing income replacement benefits, interest, and arbitration expenses, as well as partial chiropractic expenses, but the claim for a recliner chair was denied.

The defendants in a motor vehicle accident action settled their counterclaim with the plaintiffs' insurer for $6,000, executing a full and final release and filing a notice of discontinuance.

The defendants later sought leave to deliver a fresh counterclaim for contribution and indemnity, arguing the release did not bar the claim and seeking to set aside the notice of discontinuance.

The Master dismissed the motion.

On appeal, the Divisional Court upheld the Master's decision, finding that the proposed amendment was untenable in law due to the clear terms of the release.

The court also held that section 278(6) of the Insurance Act did not apply as the insurer had not made a payment or assumed liability, and there were no grounds to set aside the properly filed notice of discontinuance.

The applicant was seriously injured in a motor vehicle accident and received statutory accident benefits for 156 weeks before the insurer terminated them.

She sought reinstatement of weekly income benefits and housekeeping expenses, as well as reimbursement for prescriptions.

The arbitrator found that the applicant suffered from chronic pain syndrome and depression, and that her honest belief in her disability rendered her incapable of returning to work, entitling her to ongoing weekly benefits.

However, the arbitrator found she was capable of performing more household tasks than she admitted and reduced her housekeeping benefits to five hours per week.

Prescription expenses were awarded in full.