Justin Perry-Daiter

The moving party sought leave to appeal the decision of Koehnen J. dated October 6, 2025.

The Divisional Court dismissed the motion for leave to appeal and awarded all-inclusive costs of $5,000 to the responding parties.

The proposed intervenor sought leave to intervene as an added party in the defendant's motion for leave to appeal a Mareva injunction.

The proposed intervenor argued he had an interest in the proceeding because the motion judge made significant adverse findings about his integrity and conduct, including allegations of operating a Ponzi scheme.

While the Divisional Court found the proposed intervenor had an interest in the subject matter, it declined to exercise its discretion to permit intervention.

The court noted that the defendant would likely advance the same arguments and the proposed intervenor would have other opportunities to defend his reputation in related ongoing litigation.

The motion to intervene was dismissed.

The moving parties brought a motion for leave to appeal a costs order.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $5,000 to the responding parties.

The plaintiffs brought a motion for a Mareva injunction to freeze approximately $6.1 million in settlement funds held in the defendant's solicitor's trust account.

The funds were allegedly derived from a fraudulent investment scheme involving the defendant corporation, which was controlled by individuals connected to a Ponzi scheme operated by Arash Missaghi.

The plaintiffs alleged they were induced to invest substantial sums through misrepresentation and fraud.

The court granted the Mareva injunction, finding the plaintiffs established a strong prima facie case of fraud, that assets were in the jurisdiction, that there was a risk of dissipation, and that irreparable harm would result if the funds were distributed.

The court also allowed the defendant to withdraw $250,000 from the frozen funds for legal expenses.

The Court of Appeal for Ontario dismissed the appeal by Judith Lorraine Farrage and Edmund Farrage regarding the accounting and proceeds from three mortgaged properties in Kitchener, Ontario.

The application judge’s acceptance of the respondent’s expert calculations, subject to a property tax adjustment, was upheld.

The Court found no error in the application judge’s approach to interest calculations or in her assessment of damages, and awarded costs of $7,500 to the respondent.

The plaintiff sued her dentist for negligence and lack of informed consent following a wisdom tooth extraction that led to a severe facial space infection.

The plaintiff alleged the dentist failed to meet the standard of care by not taking updated X-rays, injecting local anesthetic near the infection, not referring her to a specialist, and not extracting an opposing tooth.

The court found that the plaintiff provided informed consent and that the dentist met the standard of care.

The court accepted expert evidence that the infection was brewing prior to the extraction and that the extraction likely mitigated its course.

The claim was dismissed.