Jonathan Erik Laxer

The appellant, a unit owner in a vacant land condominium, appealed an application judge's decision regarding her claims against neighbouring unit owners and the condominium corporation.

The neighbours had breached the condominium declaration by altering grading and removing vegetation without approval, and the corporation had failed to promptly enforce a halt work order.

The Court of Appeal found that the application judge erred by failing to adjudicate the appellant's oppression claims under s. 135 of the Condominium Act.

The Court held that the conduct of both the neighbours and the corporation was oppressive and unfairly disregarded the appellant's interests.

The Court granted declarations of oppression and ordered the corporation to have proper regard for the appellant's interests in future approvals, but declined to order the neighbours to remediate the grading.

The Court also found the application judge erred by determining costs without allowing the parties to make submissions, and directed the parties to provide written costs submissions to the Court of Appeal.

The appellant, a bilingual Francophone, was convicted of sexual assault following a trial conducted in English.

The justice of the peace before whom he first appeared failed to advise him of his right under s. 530(3) of the Criminal Code to be tried in the official language of his choice.

The appellant raised this breach for the first time on appeal.

The majority held that a breach of s. 530(3) constitutes an error of law under s. 686(1)(a)(ii) of the Criminal Code, giving rise to a presumption that the accused's fundamental right to be tried in the official language of his choice was violated.

The Crown bore the burden of rebutting this presumption under the curative proviso in s. 686(1)(b)(iv), and failed to do so on the evidence.

The appeal was allowed, the conviction quashed, and a new trial in French ordered.

Karakatsanis and Martin JJ. dissented, concluding the breach was a miscarriage of justice under s. 686(1)(a)(iii) requiring the appellant to demonstrate actual deprivation of knowledge of his language rights, a burden he did not meet.

The Court considered whether Ontario could assume jurisdiction over third party professional-negligence claims brought against Quebec law firms in a national class action context.

The majority held that a real and substantial connection existed under Van Breda’s fourth presumptive connecting factor because the Wind-Down Agreements were made in Ontario and were sufficiently connected to the negligence claims.

The Court further held that Quebec was not clearly a more appropriate forum and declined to apply forum non conveniens.

The appeal was dismissed with costs, with dissenting reasons concluding Ontario lacked jurisdiction over the Quebec firms and would have allowed the appeal.

The applicant, a former NHL referee, sought judicial review of an OLRB decision dismissing his unfair labour practice complaint for undue delay.

The applicant had previously challenged his termination in 2008 without success.

In 2013, he requested severance pay under the collective agreement, which the NHL denied on the basis that he had forfeited it by bringing the 2008 application.

The applicant then filed a new OLRB complaint alleging the denial was an unfair labour practice.

The OLRB dismissed the complaint, finding it crystallized in 2008.

The Divisional Court found the OLRB's decision unreasonable, as the applicant could not have known with certainty in 2008 that the NHL would deny his severance claim in a manner that potentially contravened the Labour Relations Act.

The decision was quashed and remitted to the Board.

The Court dismissed the appeal and held that Ontario’s permit-suspension enforcement mechanism is constitutionally inoperative to the extent it enforces a bankruptcy-provable toll debt discharged under s. 178(2) of the Bankruptcy and Insolvency Act, because it creates an operational conflict and frustrates Parliament’s financial rehabilitation purpose.

In this certified franchise class action arising from the 2009 automotive restructuring, the representative plaintiff alleged that the franchisor breached statutory duties of fair dealing, disclosure, and association when it issued wind-down agreements to affected dealers on short notice, and also alleged that class counsel acted in conflict and failed to protect the dealers' interests.

The court held that the franchisor did not breach its obligations under the Arthur Wishart Act or analogous provincial legislation, found the wind-down release enforceable as a settlement of existing and fully known claims, and dismissed the claim against the franchisor as well as the franchisor's counterclaim.

The court further held that the law firm retained for the dealer group had in fact entered into a solicitor-client relationship with the contributing dealers, that its retainer extended to pre-filing restructuring issues, and that it breached fiduciary, contractual, and tort duties by acting despite an undisclosed conflict with Industry Canada, failing to address the steering committee's internal conflict, and maintaining an unreasonable wait-and-see approach.

Applying a loss-of-chance analysis, the court found that the class lost a real and significant opportunity to negotiate collectively for higher wind-down payments and awarded aggregate damages of $45 million against the law firm.

The plaintiff brought a motion for leave to deliver a jury notice after the close of pleadings and after the action was set down for trial, and to compel the defendants to comply with undertakings given at discovery.

The underlying action involves claims of unpaid wages, false imprisonment, and unsafe working conditions.

The court granted leave to deliver the jury notice, finding that the delay was due to inadvertence and there was no prejudice to the defendants.

The court also ordered the defendants to comply with the outstanding undertakings, finding they had not made 'best efforts' to do so.

No costs were awarded due to the plaintiff's delay in bringing the motion.

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 plaintiff, who was previously investigated for stock fraud and entered into a settlement agreement with the Ontario Securities Commission, sued 67 defendants for malicious prosecution, negligent investigation, and other torts.

Ten motions were brought by 64 defendants to strike the pleadings and dismiss the actions.

The court dismissed the action against the Attorney General of Ontario because the malicious prosecution claim could not succeed, as the criminal proceedings were stayed pursuant to a settlement and thus not terminated in the plaintiff's favour.

The actions against the remaining moving defendants were dismissed as an abuse of process because they attempted to re-litigate facts already settled or judicially determined in prior proceedings.

In a class proceeding involving claims by automobile dealers, the plaintiff moved to add punitive, exemplary, and aggravated damages as an additional common issue against a defendant law firm.

Although the proposed question concerning entitlement to punitive damages had some commonality, the court held that punitive damages could not be appropriately determined at the common issues stage because causation and compensatory damages had not been certified and would require individualized assessments.

The court emphasized the doctrinal link between compensatory damages and punitive damages and concluded that the degree of misconduct could not be meaningfully assessed until the defendant's liability and related third-party claims were resolved.

As a result, the proposed question was not a preferable procedure under s. 5(1)(d) of the Class Action Proceedings Act, 1992.

The motion was dismissed, though the court noted that punitive damages could still be addressed later in the proceedings under the court’s broad management powers.

Requests for directions were brought regarding the disposition of documents generated in the Independent Assessment Process established under the Indian Residential Schools Settlement Agreement.

The moving parties sought guidance on whether the documents, which contained highly sensitive narratives of abuse and personal information, should be archived or destroyed.

The court held that the documents were confidential, subject to the implied undertaking and the law of breach of confidence, and were created for a private adjudicative process.

Interpreting the settlement agreement and exercising supervisory jurisdiction over the class action settlement, the court concluded the documents must ultimately be destroyed after a retention period.

During the retention period, claimants must be notified of their option to consent to the transfer of redacted records to the National Research Centre for Truth and Reconciliation.

In a national class action by terminated GM dealers against GMCL and Cassels Brock, Cassels Brock brought third party claims against out-of-province local lawyers who provided independent legal advice to the dealers.

The Quebec-based third party law firms moved to stay or dismiss the third party claims for lack of jurisdiction.

The motion judge dismissed the motion, finding that the Ontario court had jurisdiction because the wind-down agreements were Ontario contracts connected to the dispute, and that Ontario was the most appropriate forum.

The Court of Appeal upheld the decision, confirming the application of the Van Breda presumptive connecting factors and forum non conveniens principles to third party claims.

The Superintendent of Bankruptcy appealed a decision allowing 407 ETR to enforce pre-bankruptcy toll debts against a discharged bankrupt by directing the Registrar of Motor Vehicles to refuse to renew the bankrupt's vehicle permit under s. 22(4) of the Highway 407 Act.

The Court of Appeal found no operational conflict between the provincial legislation and s. 178(2) of the Bankruptcy and Insolvency Act, as dual compliance was possible.

However, the Court held that s. 22(4) of the Highway 407 Act frustrated the federal legislative purpose of providing a discharged bankrupt with a financial 'fresh start'.

Consequently, the doctrine of federal paramountcy applied, rendering s. 22(4) inoperative to the extent that it thwarted the fresh start purpose of the BIA.

The appellant appealed a decision regarding an agreement reached by the parties, reflected in a special case, concerning the review of a decision by the majority executors of an estate.

The Court of Appeal dismissed the appeal, declining to interfere with the agreement.

The court noted that the agreement entitled the appellant to a review of the majority executors' decision, meaning the court's jurisdiction was not ousted, and left the determination of the appropriate standard of review to the judge hearing the review application.

The applicant physician sought judicial review of a decision by the College's Inquiries, Complaints and Reports Committee ordering a clinical caution and preceptorship.

The applicant argued the College lacked statutory authority and breached procedural fairness by initiating a broader investigation into his practice before resolving an initial patient complaint.

The Divisional Court dismissed the application, finding the College had the authority to initiate the investigation based on reasonable and probable grounds, the request for OHIP records was relevant, and the disposition addressing both record-keeping and clinical concerns was reasonable.

In a national class action by terminated GM dealers against GMCL and their counsel, Cassels Brock & Blackwell (CBB), CBB brought third party claims against out-of-province local lawyers who provided independent legal advice to the dealers.

The out-of-province third parties brought motions to stay or dismiss the claims for lack of jurisdiction or forum non conveniens.

The court dismissed the motions, finding that the Ontario court had jurisdiction under the fourth Van Breda presumptive connecting factor because the Wind-Down Agreements, which required the independent legal advice, were made in Ontario and were sufficiently connected to the dispute.

The court also found Ontario to be the most appropriate forum.

The moving party sought an order declaring that its construction lien was validly sheltering under other perfected liens pursuant to s. 36(4) of the Construction Lien Act, and also sought enforcement of an alleged settlement.

The responding landowner argued that insufficient evidence established that the work performed by the sheltering lien claimants related to the “same improvement.” The court held that the moving party’s evidence, including an affidavit stating that it supervised contractors working on the same renovation and construction project, established the required nexus between the work.

The lien was therefore found to be validly sheltered.

However, the court declined to enforce the alleged settlement due to insufficient documentary evidence of agreed settlement terms.

The appellant psychiatrist appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario finding that he sexually abused a patient.

The Divisional Court allowed the appeal, finding that the Committee's structure of analysis effectively reversed the burden of proof by eliminating alternative scenarios based on an absence of evidence.

The Court also found the Committee compounded this error by relying on the absence of mental health evidence after denying the appellant's application for third-party records, and by improperly using prior consistent statements to bolster the complainant's credibility.

Following a prior decision striking the plaintiff’s Statement of Claim in its entirety without leave to amend, several successful defendants sought costs.

The court considered the governing principles for costs awards, including the requirement that costs be fair and reasonable and the factors under Rule 57 of the Rules of Civil Procedure.

Although the defendants sought higher partial indemnity amounts, the court exercised discretion to reduce the awards.

The court ordered the self-represented plaintiff to pay fixed costs to multiple defendants reflecting their success on the motions while ensuring the amounts were reasonable in the circumstances.

The defendants brought motions to strike the plaintiff’s Fresh as Amended Statement of Claim alleging fraud, negligence, defamation, breach of contract, and numerous other causes of action arising from a physician assessment and subsequent complaints to the professional regulator and review board.

The court held that the pleading failed to set out material facts supporting the alleged causes of action and instead consisted largely of bald allegations and inflammatory assertions.

Claims relying on materials from professional discipline proceedings were barred by s. 36(3) of the Regulated Health Professions Act, 1991, and the regulatory bodies and their officials were protected by statutory immunity absent properly pleaded bad faith.

The court also found the claim constituted an improper collateral attack on the outcomes of the regulatory complaint and review process.

The entire claim was struck without leave to amend.