Jennifer Hand

The appellant brought a simplified procedure action against Kia Canada Inc. related to his purchase of a Kia Sorento in 2016.

The action was dismissed at trial, with the trial judge finding no breach of contract or the Sale of Goods Act, and that the appellant failed to prove compensable damages.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or credibility assessments.

The court agreed that the appellant failed to prove compensable damages, noting his lost wages claim contradicted his declared income and he failed to lead evidence regarding any loss on the sale of the vehicle.

The defendants brought a motion for leave to appeal the order of Mirza J. dated June 6, 2023.

The Divisional Court allowed the motion for leave to appeal.

Costs were fixed at $5,000, with the ultimate determination of costs left to the panel hearing the appeal.

The respondent Chippewas of Nawash Unceded First Nation brought a motion to strike portions of affidavits filed by the respondent Troy James Hunter and the applicant Ontario Heritage Trust, arguing settlement privilege.

The motion arose from an underlying application by the Trust seeking removal of encroachments by Hunter on a sacred site co-managed by the Trust and Chippewas.

The court dismissed the motion, finding that Chippewas lacked standing to assert privilege over communications between the Trust and Hunter, and that the Trust had waived its own settlement privilege by disclosing and relying on settlement communications in both a prior regulatory proceeding and the current application.

The court emphasized that privilege issues should be decided by the motion judge, not deferred to the application judge.

The applicants brought a motion for leave to appeal an order of the lower court.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the respondent in the amount of $5,000.