Justice A.W. Bryant

The defendant brought a motion for summary judgment seeking dismissal of a negligence action arising from the death of a resident at a group home.

The plaintiff commenced the claim more than two years after the death and argued that the limitation period under s. 38(3) of the Trustee Act was tolled due to incapacity and fraudulent concealment.

The court held that the plaintiff produced no medical evidence establishing incapacity under s. 7 of the Limitations Act, 2002 and that the doctrine of fraudulent concealment did not apply because there was no evidence the defendant concealed material facts about the death.

As the underlying claim was statute‑barred, the derivative claim under s. 61 of the Family Law Act was also barred.

The Crown appealed a provincial court sentencing decision where the trial judge rejected a joint submission for a peace bond and mental health diversion program and instead imposed a conditional discharge with probation.

The appeal court held that the sentencing judge improperly rejected the joint submission without finding it contrary to the public interest or bringing the administration of justice into disrepute.

The court further found that the mandatory requirements of the Criminal Code governing pleas were not followed, as the information was not read to the accused and no plea was entered.

The appeal court concluded that the lower court failed to comply with statutory plea procedures and improperly imposed sentence.

The finding of guilt and conditional discharge were quashed and the joint submission for a peace bond and diversion was implemented.

In a personal injury action arising from a helicopter crash, the defendants brought several pre‑trial discovery and procedural motions shortly before trial.

The court ordered production of corporate income tax records relating to the plaintiff’s production company, confirmation from the plaintiff’s accountant regarding the production of corporate records, authorization for defence counsel to obtain contractual records relating to the plaintiff’s involvement with a film production, and permitted questioning regarding the plaintiff’s OHIP records.

However, the court refused the defendants’ request for a late independent medical examination by a neurologist, finding the request was not based on new issues and would likely delay the scheduled trial.

Costs submissions were permitted if the parties could not agree.

The appellant appealed a Small Claims Court decision arising from a dispute with a telecommunications provider over billing following the cancellation of bundled services.

The deputy judge had found the provider’s billing communications confusing and its collection letters aggressive, but concluded the plaintiff failed to prove financial loss caused by the billing practices.

Nominal damages of $200 were awarded for mailing costs and the time spent addressing the collection efforts, together with modest costs.

On appeal, the court confirmed that jurisdiction existed because the amount claimed in the action exceeded the statutory threshold under s. 31 of the Courts of Justice Act.

The court found no reversible error in the deputy judge’s findings or the costs disposition and dismissed both the appeal and the cross‑appeal.

The applicant brought a constitutional challenge to s. 753(1.1) of the Criminal Code, which creates a rebuttable presumption that an offender is a dangerous offender where certain predicate convictions exist.

The provision shifts the burden to the offender to disprove dangerous offender criteria on a balance of probabilities once the Crown proves specified prior convictions.

The court held that the reverse onus violates s. 7 of the Charter because it requires an offender to disprove aggravating sentencing factors that traditionally must be proven by the Crown beyond a reasonable doubt.

Applying the Oakes test, the court found the provision was not rationally connected to the legislative objective and did not minimally impair Charter rights.

The provision was declared of no force and effect.