3 total
Summary judgment granted dismissing solicitor negligence claim; plaintiffs' law clerk affidavit deemed inadmissible.
The defendants, a lawyer and his law firm, brought a motion for summary judgment to dismiss the plaintiffs' claim for solicitor negligence and improper retention of funds.
The plaintiffs sought an adjournment on the day of the hearing, which was denied due to issue estoppel and lack of a change in circumstances.
The court found the plaintiffs' responding evidence, consisting solely of a law clerk's affidavit, to be largely inadmissible.
The court granted the summary judgment motion, finding no genuine issue requiring a trial as the lawyer had met the standard of care, followed instructions, and properly accounted for all funds.
The court issued strict case management directions to compel defendants to comply with outstanding orders for an estate accounting.
The court issued case management directions to compel the defendants to comply with previous orders for an accounting and production of documents in an estate litigation matter.
The defendants had repeatedly delayed and failed to comply with orders from 2012.
The court set strict deadlines for affidavits of documents, examinations for discovery, expert reports, and pre-trial conference memoranda, emphasizing that there would be no further delays.
The court also warned of potential striking of pleadings if non-compliance continued.
Tribunal has jurisdiction to order retroactive ODSP benefits; Director ordered to pay benefits from original application date.
The appellant appealed a decision of the Social Benefits Tribunal, which had rescinded the Director's finding that he was financially ineligible for ODSP benefits but declined to order retroactive payment to the date of his original application, citing a lack of jurisdiction.
The Divisional Court held that the Tribunal erred in law, as it has the same discretion as the Director and the authority to make any decision the Director could have made.
The Court granted the appeal and ordered the Director to pay ODSP benefits retroactively to September 2012, along with costs.
