Jaclyn McNamara

This costs endorsement addresses the entitlement of the Chippewas of Nawash Unceded First Nation and Saugeen First Nation (SON) to costs from Ontario following a partially successful appeal.

SON had sued Canada and Ontario for Aboriginal title to submerged lands and for breaches of fiduciary duty.

The Court of Appeal allowed SON’s title claim appeal to the extent of remitting the matter back to the trial judge for a determination on a more limited portion of the claim area, while dismissing their treaty claim appeal.

SON had settled costs with Canada and was not seeking costs for the treaty claim.

The court found that SON was the overall successful party on the title claim appeal against Ontario, as they obtained the relief sought (remittal), and Ontario's position was to dismiss the claim entirely.

The quantum of costs sought by SON was deemed reasonable given the complexity and public importance of the appeal.

The plaintiff, an experienced real estate agent, sued his former solicitor for professional negligence arising from the purchase of several properties and subsequent legal services.

The plaintiff alleged the solicitor failed to advise him of a 1995 by-law registered on title that restricted development.

The court dismissed the action, finding that the plaintiff was a sophisticated purchaser who instructed the solicitor not to conduct detailed title searches to save costs.

Furthermore, the plaintiff failed to call expert evidence to establish the standard of care, failed to prove causation as his inability to develop the properties was due to financial constraints, and failed to adequately prove his damages.

The plaintiff, a physician, sued the defendant, also a physician, for physical and sexual assault.

The defendant alleged a prior consensual sexual affair and that the plaintiff's allegations were fabricated due to hospital privilege issues.

The court found the defendant's late disclosure of the alleged affair undermined his credibility.

Based on consistent plaintiff testimony, corroborating witnesses, DNA evidence from a rug matching the defendant's DNA from a mug, and an adverse inference drawn from the defendant's refusal to provide a DNA sample, the court found the sexual assault occurred.

The court awarded $175,000 in non-pecuniary damages and $25,000 in punitive damages, finding the assault was a material contributing factor to the plaintiff's psychological injury.