John B. Laskin

Appeal and cross-appeal in a solicitor's negligence action arising from corporate and estate transactions involving an executor who became president and shareholder of a corporation in which the estate held shares.

The court held that the law firm's retainer in relation to the initial transaction was limited and did not impose a duty to warn of the risk of beneficiary claims, particularly given the sophistication and role of the client.

However, the firm did owe a duty to warn in relation to a later acquisition transaction in which it was involved in all aspects and knew the estate was excluded.

The court upheld the trial judge's lost chance analysis, apportionment of fault, and nominal damages award.

The Health Services Restructuring Commission issued directions that would significantly reduce the services and teaching capacity of Hôpital Montfort, Ontario's only francophone general hospital.

The applicants sought judicial review, arguing the directions violated s. 15 of the Charter, administrative law principles, and the unwritten constitutional principle of the protection of minorities.

The Divisional Court dismissed the Charter and administrative law arguments but granted the application on constitutional grounds.

The Court held that the protection of minorities is a fundamental organizing principle of the Constitution, and the Commission failed to act according to law by ignoring the broader institutional role of Montfort in preserving the Franco-Ontarian minority culture.

The respondent was appointed as a Commissioner of the Public Utilities Board, holding office during good behaviour until age 70.

The provincial government subsequently passed legislation restructuring the Board and abolishing the respondent's position without providing compensation.

The respondent sued for damages for breach of contract.

The Supreme Court of Canada held that the employment relationship between the Crown and a senior civil servant is contractual.

While the legislature has the power to eliminate the position, it cannot escape the financial consequences of breaching the employment contract without explicit statutory language extinguishing the right to compensation.

The appeal was dismissed, affirming the award of damages equivalent to two and one-half years of salary plus pension benefits.

Appeal from an Ontario reference concerning the constitutional validity of legislation extending full public funding to Roman Catholic separate high schools.

The Supreme Court held the legislation was valid under the province's plenary education power in s. 93 of the Constitution Act, 1867, read with s. 93(3), and that the Confederation compromise respecting denominational schools could not be overridden by Charter equality or religious-freedom guarantees.

A majority also concluded the legislation could be sustained as restoring rights protected by s. 93(1).

The appeal was dismissed, the reference question was answered in the negative, and no costs were awarded.

The applicant sought leave to appeal to the Supreme Court of Canada.

The application for leave to appeal was dismissed by the panel.