Eric Hoffstein

The defendants brought a motion for security for costs against the plaintiffs, who reside in South Korea.

The plaintiffs commenced an action seeking repayment of loans and a share of the equity from the sale of a property.

The court found that the defendants met their initial onus as the plaintiffs reside outside Ontario.

However, the plaintiffs successfully rebutted the onus by demonstrating that they are impecunious and that their claim is not devoid of merit.

The motion for security for costs was dismissed.

The applicant sought an extension of time and leave to appeal two case management orders made in a guardianship application that had been ongoing for 2.5 years.

The applicant argued the case management judge lacked inherent jurisdiction to case manage an estate matter.

The Divisional Court granted the extension of time but dismissed the motion for leave to appeal, finding that the court has inherent jurisdiction to control its own process and that the tests for leave to appeal under Rule 62.02(4) were not met.

The applicant sought leave to appeal an order dismissing his motion to require his parents to undergo capacity assessments and to allow him to examine his mother for discovery.

The underlying dispute involved the validity of powers of attorney executed by the mother, who suffered from Alzheimer's disease.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motions judge's decision.

The court held that section 79 of the Substitute Decisions Act, rather than section 105 of the Courts of Justice Act, governed the request for a capacity assessment, and that the motions judge properly exercised his discretion in refusing the assessments and discovery.

The appellants appealed a trial judgment finding that the respondent was constructively dismissed when his employment contract was unilaterally changed from an indefinite hiring to a fixed-term contract.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on constructive dismissal, the requirement to assign a keyman insurance policy, the calculation of damages based on the previous contract, and the award of a Wallace extension.

The court also declined to order reimbursement for lieu time payments or an accounting for pension payments.