5 total
Appeal dismissed as trial judge made no palpable and overriding error in rejecting existence of lease.
The appellants appealed a trial judgment, conceding that all grounds of appeal depended on the trial judge's finding that there was no fourth lease dated October 31, 2007, with Nemesis Entertainment as a tenant.
The Court of Appeal found that the trial judge's rejection of the lease's existence was well anchored in the evidence and contained no palpable and overriding error.
The appeal was dismissed with costs awarded to the respondents.
Adjournment request denied; late retention of counsel is not an extraordinary circumstance.
The applicant requested an adjournment of the hearing, with the consent of the respondents, because he had recently retained legal counsel who needed time to review the file.
The request was made more than 14 days after the Notice of Hearing was issued.
The Tribunal denied the request, holding that the failure to retain counsel in a timely manner does not constitute an extraordinary circumstance warranting an adjournment.
Appeal allowed and judgment set aside where motion judge improperly granted default judgment on a writ of possession motion.
The appellant appealed a judgment that effectively granted default judgment on a motion that only sought a writ of possession.
The Court of Appeal allowed the appeal, noting that an earlier default judgment had been set aside and not reinstated, and that the materials filed in support of the motion were inadequate to support the relief requested.
The judgment and writs of possession were set aside.
Income replacement benefits awarded; applicant's chronic pain prevented return to physically demanding assembly line work.
The applicant was injured in a rear-end motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The central issue was whether the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as an assembly line worker.
The arbitrator found the applicant credible and accepted the evidence of her treating family doctor over the insurer's medical examiners.
The arbitrator concluded that the physical demands of the applicant's job, which required continuous standing and repetitive lifting, combined with her accident-related soft tissue injuries and chronic pain, rendered her substantially unable to perform her essential duties.
The applicant was awarded IRBs for the disputed period, along with interest.
Arbitration for accident benefits dismissed due to applicant's failure to attend and present evidence.
The applicant sought statutory accident benefits following a motor vehicle accident.
After failing to produce required documentation, including a WSIB election form, the applicant's representative withdrew.
The applicant subsequently failed to attend the arbitration hearing without providing a reasonable explanation.
The arbitrator dismissed the arbitration due to the applicant's failure to present evidence and prove her case, and awarded the insurer $500 in arbitration expenses.
