Jonathan Tatner

The plaintiffs, Lee Anthony Delfino and Standing O Entertainment Group Inc., sued the Intercounty Baseball League and its commissioner, John Kastner, for breach of contract and negligence after their team, the Brantford Red Sox, was eliminated from the 2016 playoffs.

The claim arose from the commissioner’s decision to allow a Toronto Maple Leafs player, Mike Wagner, to participate in the playoffs despite allegations he was ineligible under league rules.

The court found that the league’s governance documents delegated final authority on eligibility to the commissioner, and that his decision was made in good faith and within his discretion.

The court dismissed the claim, holding that there was no breach of contract or negligence, and that the process followed was procedurally fair.

The plaintiffs sought compensation for injuries sustained by Sandra Bernier during a cycling event.

The defendants and third party brought summary judgment motions, arguing the action was barred by a signed waiver and voluntary assumption of risk.

The court found the waiver enforceable against the plaintiff, including her children's claims under the Family Law Act, and that it covered the alleged negligence, including negligent organization and road maintenance.

The court also found the plaintiff voluntarily assumed the risk.

The summary judgment motions were granted, and the action was dismissed.

The plaintiff brought a motion seeking to discontinue the action against several defendants, amend the statement of claim to identify the defendant Clarke as both operator and owner of the vehicle, and extend/validate service on Clarke.

The court dismissed the motion to extend time and validate service on Clarke, finding the plaintiff's explanations for the significant delay (inaccurate MTO search, firm staffing issues, and COVID-19) insufficient.

The court noted the prejudice to the defendant due to the inability to conduct a prompt investigation.

The order to discontinue against the other named defendants was granted.