Justin M. Jakubiak

The appellant appealed an order striking its Notice of Objection under the Repair and Storage Liens Act and directing the release of a customized transport truck to the respondent.

The appellant argued that the work performed was 'manufacturing' rather than 'repair' and that federal regulations prohibited the vehicle's release.

The Divisional Court dismissed the appeal, upholding the finding that the work constituted 'repair' under the Act and rejecting the argument that federal regulations superseded the provincial statutory remedy.

The plaintiff brought a motion to certify a class action alleging misclassification of salespersons and sales managers as independent contractors, which resulted in the denial of Employment Standards Act entitlements and Canada Pension Plan/Employment Insurance contributions.

The parties largely consented to certification, with the court approving the class definition and common issues, though excluding punitive damages due to a lack of factual basis.

The court also approved a revised litigation plan.

The appellant appealed a trial judgment awarding $1,070,000 to the respondent in a dispute over ownership of a commercial property on Parliament Street in Toronto.

The trial judge found that the father had gifted the property to his daughter, and therefore the proceeds of sale belonged to her.

The Court of Appeal upheld the trial judge's factual findings, finding they met the three criteria for a valid gift and were supported by the evidence.

The appeal was dismissed with costs awarded to the respondent.

The plaintiff corporation, solely owned by the daughter of the deceased, brought an action against the deceased's estate to recover $1,070,000.

The deceased had incorporated the plaintiff to purchase a commercial property for his daughter.

After the property was sold for a profit, the deceased withdrew the funds from the plaintiff's bank account for his own use.

The estate argued the plaintiff was a bare trustee and the deceased was the beneficial owner.

The court found no documentary or credible testimonial evidence of a trust, concluding the corporation and its funds belonged entirely to the daughter.

Judgment was granted to the plaintiff for the full amount taken.

At a Commercial List case conference involving two related corporate disputes, the court addressed extensive procedural delays, voluminous filings, and lack of cooperation between counsel.

The proceedings involved claims relating to loan agreements, alleged rights to corporate shares, fiduciary duty breaches, and conspiracy allegations arising from financing arrangements and subsequent litigation.

The court declined to permit consolidation or bifurcation but ordered that both actions be heard together or sequentially.

Emphasizing proportionality under Rule 1.04 of the Rules of Civil Procedure, the court directed the parties to disclose damages calculations, draft opening statements, and detailed historical and projected litigation costs.

The directions aimed to enable meaningful case management and ensure efficient use of judicial resources.

The defendants moved to set aside a default judgment and noting in default arising from a trailer lease dispute after several years of procedural delay.

The plaintiff opposed the motion, arguing prejudice and reliance on the longstanding judgment and invoking the doctrine of laches.

Applying the flexible test for setting aside default judgments articulated in appellate jurisprudence, the court considered delay, explanation for the default, and whether the defendants had an arguable defence.

Although the litigation history involved significant delay attributable to financial difficulties and prior counsel, the court found the individual defendant had a potentially meritorious defence and that fairness favoured permitting the matter to be defended.

The court set aside the default judgment and noting in default, subject to the plaintiff’s ability to amend its statement of claim.

Following trial judgment awarding damages for breach of a software services agreement, the court determined prejudgment interest and costs.

The dispute concerned the appropriate start date for prejudgment interest and the reasonable quantum of partial indemnity costs.

The court held that prejudgment interest should run from the date the parties’ relationship effectively ended rather than the earlier project “go-live” date.

Applying the principle of reasonableness and proportionality under the Rules of Civil Procedure, the court reduced the plaintiff’s claimed legal fees by 10% while allowing disbursements in full.

Costs were fixed at $58,103.68 and prejudgment interest ordered at 1.3% from November 28, 2008.

The plaintiff purchased software from the defendant, who represented that the customer relationship management (CRM) and enterprise resource planning (ERP) modules would fully integrate.

The software failed to integrate due to character limitations and suffered from other functional defects.

The plaintiff sued for breach of contract, negligent misrepresentation, and breach of the Sale of Goods Act.

The court found the individual defendant personally liable, as he had not contracted through his corporation.

The court held the defendant liable for negligent misrepresentation and breach of warranty, assessing the residual value of the defective software at 33.33% and awarding the plaintiff $126,932.35 in damages.