G. William Corby

The appellant appealed a trial judgment finding him liable for civil fraud and ordering him to pay $30,526 plus costs.

The respondent had paid the appellant's CRA tax lien to clear title to a jointly owned family residence transferred to her pursuant to a family law settlement, and subsequently sued him after he declared bankruptcy, alleging his failure to disclose the tax debt constituted fraudulent misrepresentation.

The Divisional Court allowed the appeal and dismissed the action, finding the trial judge erred in law by applying a test for fraudulent non-disclosure rather than the strict four-part test for fraudulent misrepresentation, and made palpable and overriding errors of fact unsupported by the evidence.

A grandmother sought access to her grandchildren and previously brought a motion requesting the appointment of the Office of the Children’s Lawyer to conduct a social work investigation.

The motion was denied and the parents, who successfully opposed the motion, sought costs after retaining a lawyer for limited assistance while otherwise remaining self‑represented.

The court considered the limited documentation supporting the fee claim, the practical realities facing self‑represented litigants, and the complexity of the background issues.

The court acknowledged the broader access to justice concerns highlighted by the Supreme Court of Canada in Hryniak v. Mauldin.

Costs were fixed at $1,500 payable by the moving party to the parents.

This brief endorsement addendum concerns an amendment to the title of proceedings in a family law matter before the Superior Court of Justice.

The court directed that the style of cause be amended to properly reflect the parties as listed.

The decision does not address substantive issues but corrects the formal caption of the proceedings to ensure accuracy in the court record.

The applicant was injured in a head-on motor vehicle collision and sought ongoing income replacement benefits after the insurer terminated them.

The insurer argued that the applicant's inability to work was due to her significant pre-accident medical history, including a prior accident and depression.

The arbitrator found the applicant credible and preferred the medical evidence demonstrating that the accident caused a disabling chronic pain syndrome.

The arbitrator concluded that the applicant met both the 104-week and post-104-week disability tests under the Statutory Accident Benefits Schedule, entitling her to ongoing income replacement benefits and interest, and dismissing the insurer's claim for repayment.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her weekly income replacement benefits.

The insurer relied on a Disability DAC assessment concluding she could perform alternative employment.

The arbitrator found that while the applicant was physically capable of performing the tested jobs, she suffered from a chronic pain condition and psychological impairments caused by the accident.

Relying on earlier DAC reports and psychological assessments, the arbitrator concluded that these psychological limitations rendered her completely unable to engage in any employment for which she was reasonably suited by education, training, or experience.

The applicant suffered a closed head injury in a motor vehicle accident and received statutory accident benefits.

The insurer terminated weekly income benefits, and the parties disputed entitlement beyond the 156-week mark under s. 12(5)(b) of the Statutory Accident Benefits Schedule.

The arbitrator found that the applicant suffered from debilitating, unpredictable post-traumatic headaches that prevented her from consistently attending any employment for which she was reasonably suited.

The arbitrator ordered the insurer to pay weekly income benefits of $79.59 per week, plus interest and arbitration expenses.