Erin Pleet

The applicant lawyer sought leave to appeal an interlocutory order dismissing his motion for summary judgment.

The underlying action involved claims by investors that the applicant breached duties and knowingly assisted in breaches of trust related to mortgage investments.

The Divisional Court dismissed the application for leave to appeal, finding that the motions judge's decision to require a trial for complex factual and legal issues did not give rise to a question of broad significance or general application affecting the development of the law.

The plaintiff, who was previously investigated for stock fraud and entered into a settlement agreement with the Ontario Securities Commission, sued 67 defendants for malicious prosecution, negligent investigation, and other torts.

Ten motions were brought by 64 defendants to strike the pleadings and dismiss the actions.

The court dismissed the action against the Attorney General of Ontario because the malicious prosecution claim could not succeed, as the criminal proceedings were stayed pursuant to a settlement and thus not terminated in the plaintiff's favour.

The actions against the remaining moving defendants were dismissed as an abuse of process because they attempted to re-litigate facts already settled or judicially determined in prior proceedings.

The appellant operated a property management business and appeared before the Landlord and Tenant Board on behalf of property owners without a paralegal license.

The Law Society obtained a permanent injunction prohibiting him from providing legal services.

On appeal, the appellant argued he was a 'landlord' under the Residential Tenancies Act and thus entitled to self-represent.

The Court of Appeal held that even if he met the definition of a landlord, he was providing legal services to third parties and had no right to self-represent under the Law Society Act.

The appeal was dismissed, but the injunction was narrowed to allow him to appear before the board only when he is the actual owner of the property.

Following the dismissal of a motion challenging Ontario’s jurisdiction simpliciter and asserting forum non conveniens, the successful party sought costs on a partial indemnity basis of approximately $38,000.

The court considered the reasonableness of the claimed preparation time and whether costs should include fees for both senior and junior counsel.

While acknowledging the value of mentoring junior counsel, the court held that the circumstances did not justify indemnifying the successful party for two counsel on the motion.

After assessing the complexity and importance of the motion and the reasonable expectations of the unsuccessful party, the court reduced the requested amount.

Costs were awarded in the amount of $30,000 all inclusive.

The plaintiffs commenced a proposed class action alleging that the defendant airline improperly charged United States transportation taxes on ticket purchases.

The defendant moved to dismiss or stay the action for lack of jurisdiction and on the basis of forum non conveniens.

The court held that Ontario had presence‑based jurisdiction because the defendant carried on business in Ontario and there was a real and substantial connection to the dispute.

The revenue rule did not bar adjudication because the action did not seek to enforce foreign tax laws but rather challenged the defendant’s collection of charges from customers.

The motion was dismissed with respect to claims relating to tickets paid for in Canada but granted in relation to tickets paid for in the United States, which were stayed as U.S. courts were the clearly more appropriate forum.

The applicant sought a permanent injunction restraining the respondent, a property manager who regularly appeared before the Ontario Landlord and Tenant Board on behalf of landlords, from providing legal services without a licence.

The respondent argued he was entitled to appear as a landlord’s “personal representative” within the definition of “landlord” under the Residential Tenancies Act, 2006.

The court held that appearing before a tribunal as a paid representative to make submissions and examine witnesses constitutes the provision of legal services requiring a licence under the Law Society Act.

The term “personal representative” in the Residential Tenancies Act was interpreted in its traditional estates law sense and does not include a paid property manager.

A permanent injunction was issued restraining the respondent from providing legal services without a licence.

The appellants, auditors and underwriters of Sino-Forest Corporation, appealed an order declaring that their claims for contribution and indemnity against Sino-Forest were 'equity claims' under the Companies' Creditors Arrangement Act (CCAA).

The claims arose from proposed shareholder class actions alleging misrepresentation.

The Court of Appeal dismissed the appeal, holding that the definition of 'equity claim' in s. 2(1) of the CCAA focuses on the nature of the claim rather than the identity of the claimant.

The court found that the appellants' claims for contribution and indemnity were clearly connected to the shareholders' equity claims and thus fell within the expansive statutory definition.