Laura Chiu

The appellants, an Indian law firm and its senior partner, appealed the dismissal of their motion to stay or dismiss an action brought by Kyko Global Inc., an Ontario corporation.

The action alleged negligent and fraudulent misrepresentation and breach of contract related to a legal opinion provided by the appellants.

The appellants argued that Ontario lacked jurisdiction and was not the convenient forum.

The Court of Appeal upheld the motion judge's decision, finding that Ontario had jurisdiction simpliciter based on presumptive connecting factors (tort occurring in Ontario, contract made in Ontario) and that the appellants failed to demonstrate that Mumbai, India, was a clearly more appropriate forum.

The appeal was dismissed with costs.

The moving party father brought a motion to strike a single sentence from the responding party mother's Reply, arguing it was inflammatory.

The sentence alleged that the father refused to provide funds for a taxi or ride-share for access exchanges during the COVID-19 pandemic.

The court reviewed the correspondence between counsel and found the sentence was accurate and relevant to the mother's claim for child and spousal support.

The motion to strike was dismissed, and costs of $6,500 were awarded to the mother.

The plaintiff, having been wholly successful at trial and awarded damages including punitive damages, sought costs.

The plaintiff had served two Rule 49 offers to settle, both of which were beaten at trial.

The court awarded the plaintiff partial indemnity costs up to the date of the first offer and substantial indemnity costs thereafter, noting that the 2005 Costs Subcommittee guidelines for counsel fees are outdated.

Total costs of $140,360.11 were awarded.