Giovanna Asaro

The self‑represented plaintiff commenced a new action against numerous parties, including her former employer, its insurers, opposing counsel, and her own former lawyers, arising from circumstances surrounding her termination and the settlement of an earlier wrongful dismissal action.

Multiple defendants brought motions to strike the statement of claim or obtain summary judgment, arguing the action was barred by abuse of process, the prior settlement and release, limitation periods, and failure to disclose a reasonable cause of action.

The court held that the plaintiff was attempting to re‑litigate issues resolved in the earlier action and that many claims were legally untenable, including claims against opposing counsel and insurers who owed no duty of care to an adverse party.

Claims alleging breach of privacy, breach of confidence, defamation, Charter violations, and Human Rights Code violations were also found to disclose no reasonable cause of action.

The statement of claim was struck against most defendants without leave to amend and summary judgment was granted dismissing the remaining claims of conspiracy and extortion against them.

The moving parties, a Children's Aid Society and its employees, brought a motion for summary judgment to dismiss the responding party father's claims of slander, intentional wrongdoing, and negligence.

The claims arose from the Society's handling of false allegations made by the mother and police that the father was a terrorist and cult leader.

The court granted summary judgment dismissing the slander claim, as the alleged defamatory statements were written, not spoken.

However, the court dismissed the motion regarding the negligence and intentional tort claims, finding that the Society may owe a duty of care to a parent in a negligent investigation context, and that evidence of potential bad faith precluded the application of statutory immunity or the Syl Apps immunity doctrine.

The matter was directed to proceed to trial.

The appellant appealed the judgment of the motion judge.

The Court of Appeal found no error in the motion judge's reasons and dismissed the appeal, awarding costs to the respondents on a partial indemnity basis.

The appellants were unsuccessful in their appeal of a decision refusing to certify their class action.

The respondents sought costs on a partial indemnity basis.

The Divisional Court adopted the approach of the motion judge, who had awarded approximately 15% of the amounts claimed by the respondents, reflecting the principle that costs against unsuccessful plaintiffs in certification motions are typically modest to promote access to justice.

Costs were fixed at $6,600 for the TTC, $1,600 for Pinchin Environmental, and $400 for the Crown.

The appellants appealed a decision refusing to certify their action as a class proceeding.

The proposed class action concerned alleged asbestos exposure at a subway station during demolition activities.

The Divisional Court dismissed the appeal, finding no error in the motion judge's decisions to strike the amended statement of claim, conclude that a class action was not the preferable procedure due to overwhelming individual issues, and find the proposed representative plaintiffs unsuitable due to egregious delay and concerns regarding counsel's competency.

The appellants appealed a decision of the class proceedings judge who struck out their Amended Amended Statement of Claim.

The judge had put the appellants to an election to either abandon the proposed amendment or proceed with it after submissions on costs thrown away, pursuant to section 12 of the Class Proceedings Act.

The Divisional Court dismissed the appeal, finding that the judge made no error in her analysis and application of section 12 to ensure the fair and expeditious determination of the proceeding.

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

Costs were awarded on a partial indemnity scale to the respondents and cross-appellants, Father Reed and the Diocese, in the amount of $18,000.

The Phoenix group of insurers and the Ecclesiastical Insurance Office were each awarded costs of $5,549.02.