James Wilson

The plaintiff, who travelled from Ireland for a pre-trial conference regarding a motor vehicle accident, sought costs after the conference failed to result in a settlement.

The defendant maintained a 'no liability' position contrary to their stance at mediation, without communicating this change in advance.

The court found the defendant's behavior obdurate and the pre-trial conference substantially a waste of time.

Pursuant to Rule 50.12 and s. 131(1) of the Courts of Justice Act, the court ordered the defendant to pay the plaintiff's out-of-pocket travel expenses and counsel fees, as well as the fees of the other defendants' counsel in the cause.

The defendant was charged with operating a motor vehicle while disqualified from driving contrary to section 259(4) of the Criminal Code.

A police officer observed a vehicle with a disqualified owner enter a dealership parking lot and detained the defendant standing beside the vehicle.

Without informing the defendant of the reason for detention or his right to counsel, the officer obtained admissions that the defendant had no driver's licence and had been driving that day.

The court found that the detention was lawful based on reasonable suspicion of a criminal offence, but the officer breached sections 9 and 10(b) of the Charter of Rights and Freedoms by failing to advise the defendant of the reason for detention and his right to counsel before questioning.

The court excluded the defendant's statements under section 24(2) of the Charter, finding that the seriousness of the breaches and their impact on the defendant's rights outweighed society's interest in adjudication on the merits.

With the Crown's essential evidence excluded, the charge was dismissed.

The Supreme Court of Canada dismissed the auditors’ appeal and confirmed that an expert witness must be able and willing to provide fair, objective, and non-partisan assistance to the court as a threshold admissibility requirement, with remaining concerns about independence generally addressed at the gatekeeping weighing stage.

The self-represented applicants brought a motion for an extension of time to file their Notice of Appeal.

The court found that the applicants had served a Notice of Appeal within the prescribed time limits but failed to file it with the court.

Despite a lengthy delay, the court was satisfied that the applicants intended to proceed with the appeal and that the respondent would not suffer undue prejudice.

The motion was granted, with strict timelines imposed for perfecting the appeal.

Following a prior decision staying a motion for summary judgment pending discovery, the court addressed costs of the motion.

The responding party sought substantial indemnity costs on the basis that the motion had been unreasonable and premature, while the moving parties requested partial indemnity costs payable in the cause.

The court considered Rule 20.06 of the Rules of Civil Procedure and the circumstances surrounding the premature motion.

Although the motion had disrupted the orderly discovery process, the court concluded that much of the work product would remain useful in the continuing litigation.

The court exercised its discretion to award a fixed costs amount rather than substantial indemnity or costs in the cause.

The defendants brought a motion for summary judgment to dismiss the plaintiff's claims for breach of non-competition and non-solicitation agreements.

The plaintiff opposed the motion, arguing it was premature as the defendants had failed to produce relevant documents and there were significant credibility issues between the key affiants.

The court agreed with the plaintiff, finding that the motion was premature and could not be disposed of without full discovery and the exchange of affidavits of documents.

The motion for summary judgment was stayed pending the completion of these steps.