Joseph Kary

Following the granting of summary judgment dismissing the action, the successful defendant sought substantial indemnity costs.

The plaintiff opposed, arguing that the motion judge should not fix costs due to affidavit evidence, that elevated costs were unwarranted, and that costs should be limited to the summary judgment motion rather than the entire action.

The court rejected these submissions, holding that the judge retained discretion to fix costs and that summary judgment terminating the action justifies assessing costs of the entire proceeding.

The court found the litigation was aggressively pursued without evidentiary foundation and contained serious unfounded allegations affecting the defendant’s reputation.

Substantial indemnity costs were awarded.

A mother sought to transfer a child protection proceeding from Toronto to St. Lambert, Quebec, and alternatively to Cornwall or Ottawa, Ontario.

She also sought increased access to her child who was in the care of the Children's Aid Society.

The court found that it lacked jurisdiction to transfer the proceeding outside Ontario and that the mother failed to establish a preponderance of convenience for transfer within Ontario.

The court granted the mother increased access from two hours to three hours per week, with one hour potentially supervised by an approved third party, conditional on negative drug test results.

The Children's Aid Society brought a summary judgment motion seeking a finding that a child was in need of protection under clause 37(2)(b) of the Child and Family Services Act based on the mother's mental health issues, substance abuse, and domestic violence.

The father supported the motion while the mother opposed it.

The court granted the motion and found the child in need of protection, determining that the mother's combination of untreated mental health conditions, ongoing drug use during pregnancy and post-birth, and inability to protect herself from domestic violence created a real and likely risk of physical harm to the child.

The defendant brought a motion for summary judgment under Rule 20.01(3) seeking dismissal of a negligence and intentional infliction of emotional distress claim arising from alleged failures by a condominium security guard to notify a resident of delivered packages and from a subsequent lobby encounter.

The court held that the evidentiary record contained no credible evidence that the defendant acted wrongfully or that the plaintiff suffered any compensable loss.

The plaintiff failed to provide particulars or documentary support for alleged financial losses, investment opportunities, loan documents, or emotional distress.

Applying the summary judgment framework and emphasizing the obligation on a responding party to put its best evidence forward, the court found no genuine issue requiring a trial.

A status review application for crown wardship of a three-year-old child.

The applicant child protection agency sought crown wardship without access for purposes of adoption.

The respondent mother opposed the application and sought return of the child to her care.

The court found the child continued to be in need of protection due to the mother's paranoid personality disorder, which was pervasive and enduring, contributing to her inability to provide adequate care and stability.

The mother's parenting was significantly impaired, characterized by inability to respond appropriately to the child's cues, inconsistent attendance at access visits, and failure to accept responsibility for her circumstances.

The court made an order for crown wardship with no access.