Connor Walton

The applicants purchased a boat from the respondent, Roman Korytski, which was later discovered to be stolen.

The respondent Aviva Canada Inc. claimed ownership by right of salvage.

The applicants sought compensation from Korytski for breach of contract (nemo dat principle) and reimbursement of expenses from Aviva for the boat's upkeep.

The court found Korytski liable for the original purchase price of $33,200, rejecting the claim for current market value due to lack of expert evidence.

The claim against Aviva for expenses was dismissed, as the applicants had possession and use of the boat during the period the expenses were incurred.

The plaintiff, a prominent human rights lawyer, was struck by the defendant's motor vehicle while riding her bicycle.

The defendant failed to discharge the reverse onus under the Highway Traffic Act and was found wholly liable.

The court accepted expert medical evidence that the plaintiff suffered a permanent mild traumatic brain injury (mTBI) and chronic migraines, which effectively ended her legal career.

The court dismissed the defendants' threshold motion, finding the plaintiff sustained a permanent serious impairment of an important function, and awarded substantial damages including $250,000 in general damages, past and future income loss, and future care costs.

The plaintiff brought an urgent motion to conditionally strike the jury notice for a trial scheduled to commence on January 17, 2022, due to COVID-19 pandemic developments suspending jury selections.

The defendants opposed the motion.

The court considered factors such as court resources, local pandemic impact, prejudice to parties (especially the plaintiff due to financial implications and case age), and history of adjournments.

The court granted the plaintiff's motion, ordering that the trial proceed without a jury if juries are not being impaneled, and awarded costs to the plaintiff.