Geoffrey D. E. Adair

The plaintiff was catastrophically injured in a motor vehicle accident and sued the defendants for damages.

The jury found the defendants 62% liable and awarded damages of approximately $2.6 million, including $2.2 million for future care costs.

The trial judge made a conditional assignment order of the plaintiff's future statutory accident benefits (SABs) to the defendants' insurers under section 267.8(12)(a)(ii) of the Insurance Act.

The plaintiff appealed, arguing that the assignment violated strict matching principles and was premature.

The Court of Appeal dismissed the appeal, affirming the conditional assignment order and rejecting the strict matching approach in favour of a "silo" approach.

The court also denied leave to appeal the trial judge's substantial reduction of the plaintiff's costs award, which was reduced from $795,616.09 to $375,000 due to the plaintiff's counsel's conduct regarding a settlement offer, the lack of material benefit in proceeding to trial, and conduct that unnecessarily extended the trial.

This appeal concerns a franchise dispute where the motion judge granted partial summary judgment for rescission of a franchise agreement and damages of $964,805.33 against the franchisor.

The central issue was whether the franchisor failed to disclose earnings projections that were allegedly shown to the franchisees at a May 2010 meeting, constituting material non-disclosure under the Arthur Wishart Act.

The appellate court allowed the appeal in part, setting aside the rescission judgment and damages award on the basis that the motion judge erred in determining the key disputed factual issue on contradictory evidence without oral testimony.

However, the court upheld the motion judge's determination that the rescission claim was timely, as the limitation period ran from the replacement agreement signed in September 2010 rather than the original agreement signed in June 2010.

The appellants Cadesky & Associates and Barry Seltzer appealed a judgment of the Superior Court of Justice.

The cross-appellant George Jones abandoned the cross-appeal.

The Court of Appeal fixed costs in the amount of $3,750.00 for each of the cross-respondents.

The appellants, a law firm, appealed a summary judgment decision dismissing their defamation action against a lawyer and her firm.

The lawyer, Brunning, practiced "in association" with Williams-Litigation Lawyers, sharing office space and using the firm's letterhead without supervision.

The motion judge found Williams could not be vicariously liable for Brunning's allegedly defamatory correspondence regarding Indian Residential School claims.

The Court of Appeal allowed the appeal, finding the question of liability was novel and important, involving policy considerations that should be determined at trial rather than on summary judgment.

The court emphasized that Williams had authorized Brunning's use of its letterhead and held her out as associated with the firm, creating potential liability.

The appellant insurer appealed a judgment of the Superior Court of Justice regarding insurance policy interpretation.

The insurer argued that there was no "Claim" against an "Insured Person" for a "Wrongful Act" nor was there a "Loss" within the policy's definitions.

The Court of Appeal found no error in the application judge's interpretation of the governing principles or the policy language, and dismissed the appeal.

The respondent was awarded costs of $16,000.

The appellants appealed a motion judge's damages assessment following a failed real estate transaction.

The motion judge awarded DHMK Properties Inc. damages based on the difference between the agreed purchase price ($5.3 million) and the property's market value in August 2014 ($4.27 million), without accounting for the vendor's warranty obligations regarding net income or providing reasons for the valuation date selection.

The Court of Appeal found two critical errors: the failure to consider the effect of the vendor's warranty on damages calculation, and the unexplained selection of August 2014 as the valuation date rather than the scheduled closing date.

The court set aside the judgment and remitted the damages assessment to the Superior Court.

This decision addresses the issue of costs following a motion brought by the defendant Brunning for document inspection and particulars, which was largely unsuccessful.

The plaintiffs sought substantial indemnity costs, while Brunning requested costs be reserved or no costs.

The court considered factors under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, noting the plaintiffs' substantial success on the motion.

However, the court also acknowledged that the plaintiffs' initial refusals to provide requested information contributed to the necessity of the motion.

Finding that both parties had "dug in their heels," the court ordered the defendant Fay Brunning to pay the plaintiffs $6,197.40 in costs, inclusive of fees, disbursements, and HST, payable within 30 days.

The appellants appealed a judgment from the Superior Court of Justice rendered by Justice Paul B. Kane following a jury trial.

The Court of Appeal allowed the appeal and awarded the appellants costs of the appeal in the amount of $22,000.

The costs of the trial were reserved to the discretion of the judge presiding over the re-trial.

Liberty Silver Corporation sought indemnification from Liberty Insurance Underwriters Inc. for legal costs incurred by its officers and directors during an investigation by the United States Securities and Exchange Commission (SEC) and the Ontario Securities Commission (OSC).

Liberty Insurance denied coverage, arguing the investigative order and subpoenas did not constitute a "Claim" against an "Insured Person" for a "Wrongful Act," and that Liberty Silver was no longer "legally obligated to pay" due to an assignment agreement.

The court found the investigative order was a "formal regulatory investigation" and thus a "Claim," and that a holistic interpretation of the policy meant "Wrongful Act" included matters giving rise to such an investigation.

The court also rejected arguments regarding the assignment agreement and statute of limitations.

The application for indemnification was allowed, and Liberty Silver's proposed allocation of defence costs was accepted.

The plaintiffs, having successfully obtained summary judgment against the defendant insurer for coverage, sought full indemnity costs.

The court granted full indemnity costs, finding that insurance companies wrongfully denying coverage should fully compensate successful parties for enforcing that coverage, citing the unique nature of insurance contracts.

The court also found the hourly rates of plaintiffs' counsel to be reasonable and awarded $72,000 in costs.

The plaintiff was rear-ended in a motor vehicle accident and claimed soft tissue damages, chronic pain, anxiety, and depression.

The defendant admitted liability, and the sole issue at trial was damages.

The trial judge qualified a defence psychiatrist as an expert despite serious reservations about his methodology and independence.

The expert's testimony focused primarily on alleged inconsistencies between what the plaintiff told him and her medical records, essentially attacking her credibility rather than providing independent psychiatric assessment.

The jury awarded only general damages of $23,500 and rejected all other heads of damages.

On appeal, the court found the trial judge failed to properly discharge his gatekeeper duty by not conducting a cost-benefit analysis at the qualification stage and failed to exercise his ongoing gatekeeper function when the expert's lack of impartiality became apparent during testimony.

The plaintiffs, a minor and his litigation guardian, sought summary judgment against the defendant insurer to enforce a prior jury award for negligence against the minor's father, who was insured by the defendant.

The insurer denied coverage, arguing the negligence did not arise from the use or operation of a motor vehicle and brought a cross-motion for summary judgment.

The court found the jury's particularization of negligence (unsafe unloading area) established a clear nexus between the father's use of the vehicle and the child's injuries, distinguishing it from cases of mere incidental use.

The court granted summary judgment to the plaintiffs, holding the insurer liable for damages and costs.

The defendant, Fay Brunning, brought a motion to temporarily stay a defamation action commenced against her by the plaintiffs, James Wallbridge, Almeda Wallbridge, and Wallbridge, Wallbridge, seeking damages in excess of $15 million.

Brunning argued for a stay to avoid multiplicity of proceedings and inconsistent findings, citing ongoing Requests for Directions (RFDs) within the Independent Assessment Process (IAP) of the Indian Residential Schools Settlement Agreement (IRSSA) that raised similar issues regarding the plaintiffs' conduct.

However, the RFDs were subsequently dismissed by Justice Perell, eliminating the multiplicity concern.

Brunning also argued that confidentiality concerns related to IAP documents and solicitor-client privilege prevented her from adequately defending the defamation action.

The court dismissed the motion for a stay, finding no outstanding proceedings with common facts, and that mechanisms existed to address confidentiality concerns without preventing Brunning from defending herself.

The court also found that a stay would prejudice the plaintiffs' ability to seek a remedy for the alleged harm.

The applicant, DHMK Properties Inc., sought summary judgment for damages following the respondents' (2296608 Ontario Inc. and Mund Real Estate Group Inc.) repudiation of a real estate purchase agreement.

The respondents had refused to close a $5.3 million transaction and subsequently sued for specific performance with an abatement, which was dismissed.

DHMK claimed $930,000 in damages, representing the difference between the contract price and the property's market value, less the forfeited deposit.

The respondents argued DHMK failed to mitigate by refusing a post-judgment offer to complete the original contract and that the damages calculation was flawed by ignoring a warranty regarding net operating income.

The court granted summary judgment to DHMK for $930,000, affirming the standard measure of damages for breach of a land sale contract and rejecting the respondents' mitigation and damages calculation arguments.

An appeal by solicitors regarding the approval of contingency fee agreements in an infant settlement involving both a tort claim and an accident benefits claim arising from a motor vehicle accident.

The motion judge approved the contingency fee agreement for the tort claim but reduced the fees for the accident benefits claim, and declined to award GST/HST.

The Court of Appeal upheld the motion judge's decision to consider the two claims separately and to reduce the accident benefits fees based on the lower risk and complexity of that claim compared to the tort claim.

However, the Court of Appeal found that the motion judge erred in not awarding GST/HST on the approved fees, as the contingency fee agreement explicitly provided for such taxes in addition to the fee amount.

This decision addresses the issue of costs following a successful summary judgment motion by the defendant Williams-Litigation Lawyers.

The defendant sought costs on a substantial or partial indemnity basis, while the plaintiffs proposed a lower partial indemnity amount.

The court awarded costs to Williams-Litigation Lawyers on a partial indemnity basis, considering factors such as the defendant's success, the significant damages claimed by the plaintiffs, the narrow but important legal issue, counsel's experience, and efforts to resolve the dispute without costs.

The court found the hours claimed by the defendant's counsel to be higher than what the plaintiffs ought to have expected given the non-complex nature of the proceedings.

This endorsement addresses a motion brought by Robert Bilich, a non-party, seeking to enforce Revised Minutes of Settlement from a previously settled trial and to obtain declarations regarding alleged misappropriation of funds by the defendants.

The settlement required the defendants to provide quarterly accountings to investors.

Bilich, claiming to represent an investor, alleged non-compliance.

The court found that the defendants had belatedly provided an accounting, thereby purging any potential contempt.

The court dismissed Bilich's motions, refusing an adjournment for cross-examination, as his true intent was to re-open settled trial issues and pursue allegations of misappropriation, for which he lacked status.

The court affirmed the defendants' ongoing obligation to provide quarterly accountings to investors.

Following an application and counter‑application relating to an agreement of purchase and sale, the successful party sought costs on a substantial indemnity basis exceeding $45,000.

The court found the successful party had prevailed entirely, including obtaining an order that the deposit be paid and establishing liability for breach of contract.

However, the issues were primarily contractual interpretation and the facts were largely non‑controversial.

Applying Rule 57.01(1) of the Rules of Civil Procedure and the fairness principle from Boucher v. Public Accountants Council, the court declined substantial indemnity costs.

Costs were awarded on a partial indemnity basis against two opposing parties jointly and severally.

Following a motion to vary a prior order permitting two defence neuropsychological examinations, the court had previously concluded that the defendants failed to disclose a settlement agreement eliminating their adversity on liability.

The order was varied to allow only one examination, and the court considered the appropriate costs consequences of the defendants’ breach of their duty to immediately disclose the agreement.

The plaintiffs sought elevated costs given the defendants’ non‑disclosure and the procedural consequences that followed.

The court held that full indemnity costs were justified as a “consequence of the most serious nature” arising from the breach, even though the conduct was not found to be reprehensible.

Costs of $27,000 inclusive of disbursements and HST were fixed as fair, reasonable, and proportionate to the complexity and importance of the issues.

Costs determination following several pre‑trial motions in a civil action arising from a professional hockey incident.

The court considered competing motions concerning disclosure of a settlement agreement, neuropsychological examinations, production of expert materials, and procedural timelines.

The plaintiffs were largely successful, particularly in compelling disclosure of the settlement agreement and obtaining related procedural relief.

While elevated costs were awarded for part of the motion due to the defendants’ failure to disclose the agreement and the resulting prejudice, most costs were fixed on a partial indemnity basis after considering Rule 57.01 factors and the overall mixed results on some minor issues.