Unlock 5 more sections of this judge’s background. Start your 7-day free trial.
1,224 total
Appeal dismissed; no grounds to interfere with motion judge's dismissal of self-represented litigant's motion.
The self-represented appellant's action was dismissed for delay in January 2013.
Eighteen months later, he brought a motion but failed to appear, resulting in its dismissal.
On appeal, the appellant sought judgment and damages of $30,000.
The Court of Appeal dismissed the appeal, finding no grounds to interfere with the motion judge's decision and noting it could not address the merits of the underlying claim.
Sentence appeal dismissed; nine and three-quarter years for sexual assault of a child upheld.
The appellant was convicted of sexual assault and sexual touching involving a child complainant over a five-year period.
He was sentenced to nine and three-quarter years' imprisonment.
On appeal, the appellant argued the sentence exceeded the appropriate range.
The Court of Appeal dismissed the appeal, finding the sentence fit given the appellant's position of trust, his related criminal record, and the profound impact on the complainant.
Wrongful dismissal appeal dismissed; employee's dishonesty and unauthorized trades justified termination without progressive discipline.
The appellant appealed the dismissal of his wrongful dismissal action and the judgment against him on the respondents' counterclaim for expense account monies.
The appellant argued the trial judge erred in allowing two witnesses to testify who were not on the pre-trial report, finding just cause for termination without progressive discipline, and calculating the counterclaim.
The Court of Appeal dismissed the appeal, finding the trial judge properly exercised his discretion regarding the witnesses, and that the appellant's unauthorized trades and dishonesty justified termination without progressive discipline.
The trial judge's calculation of the counterclaim was supported by the facts.
Solicitors' appeal to enforce charging orders against settlement proceeds from subsequent litigation dismissed.
A law firm appealed a motion judge's order declaring that certain payments made to their former client pursuant to a settlement agreement were not subject to three charging orders in the firm's favour.
The charging orders were granted for work done in a shareholder dispute before the firm's retainer was terminated.
The Court of Appeal upheld the motion judge's finding that the disputed payments arose from subsequent litigation commenced after the firm's retainer ended, and therefore were not recovered or preserved through the firm's instrumentality.
The appeal was dismissed.