Jillian Mary Evans

The court granted the applicant trustee’s request to pass accounts, dispense with a formal passing for a subsequent period, approve compensation, remove herself as trustee, and appoint CIBC Trust as successor.

The court found the trustee’s compensation reasonable, the objections of the respondent Michael Wilson unsubstantiated, and awarded increased costs against Michael due to his conduct.

The decision addresses the administration of a testamentary trust, the entitlement to compensation, and the allocation of costs in estate litigation.

The applicants challenged the constitutionality of the Canadian prison needle exchange program (PNEP), specifically its "threat risk assessment" (TRA) feature, arguing it violated sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms by denying effective access to essential health care.

The court dismissed the application, finding it premature due to the ongoing PNEP rollout and evolving design.

Furthermore, the applicants failed to establish that professionally accepted standards required a health services-centered model without security staff involvement, or that the PNEP/TRA model breached Charter rights by being arbitrary, overbroad, or grossly disproportionate, or by discriminating on enumerated grounds.

The defendant, Dr. Vaidyanathan, brought a motion to strike portions of the Plaintiffs' Statement of Claim, specifically allegations of a pattern of misconduct (similar fact pleadings) and claims for exemplary, punitive, and aggravated damages.

The court dismissed the motion to strike the similar fact pleadings, finding they possessed significant probative value, particularly in relation to claims concerning the defendant's knowledge, skill, experience, and fiduciary duty, which outweighed any added complexity.

However, the court granted the motion to strike the claims for exemplary, punitive, and aggravated damages due to insufficient pleading, granting the Plaintiffs leave to amend their Statement of Claim within 60 days to provide a proper basis for these damages.

The defendant, Dr. Nicholas Peter Plaskos, moved for summary judgment to dismiss a medical malpractice action, arguing the claim was statute-barred under the Limitations Act, 2002.

The plaintiffs, Ms. Lewis and her sons, alleged delayed diagnosis due to a failure to order an MRI.

The court found that the plaintiffs' counsel did not exercise objective reasonable diligence in reviewing hospital records, leading to a delayed discovery of Dr. Plaskos's potential involvement.

Consequently, the claim against Dr. Plaskos was deemed statute-barred and dismissed.

Thelma Rycroft died of septic shock after a gastroscopy performed by Dr. Dean Chen.

Her spouse and son brought an action for negligence, alleging inadequate pre-operative preparation and negligent continuation of the procedure despite retained food in her stomach, leading to aspiration pneumonia.

The court found Dr. Chen liable for breaching the standard of care by failing to instruct Mrs. Rycroft on an extended clear liquid diet and by proceeding with the gastroscopy after encountering food and liquid in her stomach.

The court concluded that Dr. Chen's negligence caused Mrs. Rycroft's death and awarded damages to her spouse and son under the Family Law Act, along with OHIP's subrogated claim.