Howard E. Katz

The appellant purchased a used vehicle financed by the respondent.

After experiencing issues with the vehicle, the appellant defaulted on payments and returned the vehicle to the dealership.

The respondent sold the vehicle at public auction and obtained summary judgment for the deficiency balance.

On appeal, the appellant argued the dealership made misrepresentations and the respondent failed to provide proper notice of sale under the Personal Property Security Act.

The Court of Appeal dismissed the appeal, finding no evidence of a close relationship between the dealership and the respondent to attribute misrepresentations, and concluding that any failure to provide notice did not undermine the right to claim a deficiency absent proof of damages.

The appellant appealed orders striking his pleadings and allowing the respondent to obtain relief on an uncontested basis.

The respondent conceded the grounds of appeal, acknowledging that the appellant had complied with disclosure orders before his pleadings were struck.

The Court of Appeal allowed the appeals on consent, setting aside the orders in part and returning the support issues for a new hearing while maintaining custody and access provisions.

The Director issued a Notice of Proposed Order to revoke the licence of Standardbred Owner/Trainer/Driver Brian Lawson.

At the hearing, the parties consented to an adjournment sine die based on the respondent's undertaking not to re-apply for a licence for nine months and to provide 30 days' notice before any subsequent application.

The Commission accepted the undertaking and ordered the hearing adjourned sine die.

The appellant, a standardbred driver/owner/trainer, appealed two Judges Rulings to the Ontario Racing Commission.

The first ruling found him in violation of rules regarding possession of injectables, conduct injurious to racing, and withholding information, resulting in a 6-month suspension and a $6,000 fine.

The second ruling fined him $500 for failing to set out terms of engagement in trainer contracts.

The Commission allowed the first appeal in part, finding no violation for possession of injectables but upholding the violations for conduct injurious to racing and withholding information.

The penalty was reduced to a 120-day suspension and a $3,000 fine.

The second appeal was abandoned, and the $500 fine remained in effect.

The applicant's husband died after suffering a heart attack while driving his vehicle, which subsequently veered off the road and struck a planter and a pole.

The applicant sought death benefits and funeral expenses under the Statutory Accident Benefits Schedule.

The insurer denied the claim, arguing the death was not caused by an 'accident'.

The arbitrator found that the heart attack, stemming from a pre-existing condition, was an intervening force and the direct cause of death, not the use or operation of the vehicle.

The application for arbitration was dismissed.