Graham Thomson

The court found for the plaintiff, Hossein Amini-Kouchesfahani, in his civil action against the Toronto Police Services Board for battery and breach of his Charter rights after he was forcibly removed from his taxi and taken to the ground by police.

The court held that the initial stop was lawful, but the subsequent use of force was excessive and unjustified.

The plaintiff was awarded general, aggravated, special, and punitive damages.

The moving party sought a panel review of a single judge's order that dismissed her request for an extension of time to review a previous order denying leave to appeal.

The Court of Appeal dismissed the motion, finding no error in principle in the single judge's decision that the moving party failed to provide evidence of intention to review, lacked an explanation for the delay, and that the underlying proposed appeal lacked merit.

The applicant sought judicial review of a decision by the Assessment Review Board dismissing her application for property tax relief based on sickness or extreme poverty under s. 323 of the City of Toronto Act, 2006.

The applicant sought relief for the 2015 and 2017 taxation years, as well as a refund for all years from 2011 to the present.

The Divisional Court dismissed the application, finding that the Board correctly limited its jurisdiction to the years applied for and reasonably concluded that the applicant failed to demonstrate an inability to pay, as the taxes had already been paid by her lawyers.

The court also rejected arguments of procedural unfairness and failure to accommodate.

The Court of Appeal for Ontario issued a costs endorsement, awarding $5,000 inclusive of disbursements and applicable taxes to the respondent Toronto Police Services Board.

This decision followed an appeal from a Superior Court of Justice judgment.

The applicants applied to the City of Toronto to have their 2021 property taxes cancelled, reduced, or refunded, claiming an inability to pay due to sickness or extreme poverty under section 323(11) of the City of Toronto Act.

The Assessment Review Board found that the applicants had sufficient monthly net income, equity in their property, and discretionary spending to pay their property taxes.

The application was dismissed as the applicants failed to demonstrate an inability to pay.

The Applicant applied to the City of Toronto to have her 2021 property taxes cancelled, reduced, or refunded due to sickness or extreme poverty under section 323(1)(e) of the City of Toronto Act, 2006.

The Assessment Review Board found that the Applicant had sufficient funds in her bank accounts to pay the outstanding 2021 property taxes of $1,403.04, without cutting from the necessities of life.

As the Applicant failed to demonstrate an inability to pay, the application was dismissed.

The appellants, parents whose criminal child abuse charges were withdrawn, sued the Attorney General, police, and a Crown attorney for various torts including malicious prosecution and negligent investigation.

The motion judge granted summary judgment dismissing the action, finding claims time-barred, reasonable and probable grounds for prosecution, and Crown immunity.

The Court of Appeal dismissed the parents' appeal, upholding the summary judgment.

The appellate court affirmed the proper application of summary judgment principles, the expiry of limitation periods for claims against police, the existence of reasonable and probable grounds for the initial prosecution, and the personal immunity of the Crown prosecutor, with the Attorney General being the proper defendant for such claims.

The applicants applied to the City of Toronto to have their 2020 property taxes reduced, cancelled, or refunded due to an inability to pay caused by sickness or extreme poverty.

The Assessment Review Board dismissed the application because the applicants failed to comply with a procedural order requiring them to provide sufficient financial documentation to support their claim, despite being granted multiple adjournments.

The applicant applied to the City of Toronto for a cancellation, reduction, or refund of her 2020 property taxes, claiming an inability to pay due to sickness or extreme poverty.

The Assessment Review Board dismissed the application because the applicant failed to comply with a procedural order requiring her to provide sufficient financial documentation to prove her inability to pay.

The applicant filed an application with the City of Toronto for a reduction, cancellation, or refund of 2019 property taxes due to sickness or extreme poverty.

The applicant's representative failed to file required supporting documentation despite multiple extensions and failed to attend the scheduled peremptory teleconference hearing.

The Assessment Review Board dismissed the application due to the applicant's failure to comply with the Board's directions and failure to attend the hearing.

The applicant sought a reduction or cancellation of 2019 property taxes due to sickness or extreme poverty under s. 323(1)(e) of the City of Toronto Act, 2006.

After failing to file required documents or attend the scheduled peremptory hearing on time, the applicant's representative joined late and requested an adjournment, citing technical difficulties, lack of notice, and an acute medical condition.

The Assessment Review Board exercised its discretion to grant a final peremptory adjournment to accommodate the representative's medical condition.

The appellant appealed a decision finding it in breach of its commercial lease for leaving the building vacant for almost two years and denying it relief from forfeiture.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's interpretation of the lease or her discretionary decision to deny relief from forfeiture due to a pattern of non-compliance.

The applicant applied to the City of Toronto to have her 2019 property taxes cancelled, reduced, or refunded due to an inability to pay caused by sickness or extreme poverty under s. 323(1)(e) of the City of Toronto Act, 2006.

The Assessment Review Board found that the applicant failed to demonstrate an inability to pay her property taxes, noting that she was able to pay her taxes as part of her regular mortgage payments while meeting household necessities and incurring discretionary costs.

The application was dismissed.

The applicant, acting as the estate trustee for her deceased parents, applied to the City of Toronto for a cancellation, reduction, or refund of her 2019 property taxes under s. 323(1)(e) of the City of Toronto Act, 2006, citing sickness or extreme poverty.

The Assessment Review Board found that the applicant had significant equity in the mortgage-free property, RRSP savings, and discretionary expenses that prioritized other costs over property taxes.

The Board concluded the applicant failed to demonstrate an inability to pay the taxes levied in 2019 and dismissed the application.

The applicant applied to have her 2019 property taxes cancelled, reduced, or refunded under s. 323(1)(e) of the City of Toronto Act, 2006, citing an inability to pay due to sickness or extreme poverty.

The Assessment Review Board reviewed the applicant's income, expenses, and assets, noting that she had approximately $665,000 in equity in her home and had successfully paid her 2019 property taxes in full while maintaining a small bank account surplus.

The Board found that the applicant failed to demonstrate an inability to pay the taxes levied in 2019 and dismissed the application.

The defendants brought a motion under Rule 2.1.01 to dismiss the plaintiff's action, alleging it was frivolous, vexatious, and an abuse of process.

The court found the action lacked merit and constituted an abuse of process, as the plaintiff, previously declared a party under disability and subject to an order precluding him from bringing actions without leave, had disregarded court guidance and orders regarding his legal capacity and the involvement of the Public Guardian and Trustee.

The motion to dismiss was granted, and the claim was stayed.

The applicant applied for a refund of his 2018 property taxes under s. 323(1)(e) of the City of Toronto Act, citing an inability to pay due to sickness.

The City argued the applicant had equity in his property and a small monthly surplus.

The Assessment Review Board found the applicant was unable to pay his taxes due to his sickness, which prevented him from working and limited his income to ODSP.

The Board ordered a full refund of the $2,325.35 in property taxes paid.

The applicant sought relief from property taxes for the 2018 taxation year due to sickness or extreme poverty under s. 323(1)(e) of the City of Toronto Act, 2006.

After numerous adjournments of the 2016, 2017, and 2018 applications, the Board scheduled a peremptory hearing.

The applicant's representative failed to attend the peremptory hearing despite receiving notice.

The Board dismissed the 2018 application due to the applicant's non-compliance with the Board's Rules of Practice and Procedure.

The self-represented plaintiffs brought a civil action against police officers, the Toronto Police Services Board, a Crown Attorney, and the Attorney General of Ontario, alleging false arrest, malicious prosecution, and negligent investigation arising from child abuse charges that were ultimately withdrawn.

The defendants moved for summary judgment to dismiss the action.

The Superior Court of Justice granted the defendants' motions, finding that the claims against the police were statute-barred under the Limitations Act, 2002, and that both the police and the Crown had reasonable and probable grounds for their actions.

The plaintiffs' cross-motion for summary judgment was dismissed.

The applicant applied to the City of Toronto for a reduction, cancellation, or refund of her 2018 property taxes under s. 323(1)(e) of the City of Toronto Act, 2006, citing an inability to pay due to sickness or extreme poverty.

The Assessment Review Board, acting under delegated authority, reviewed the applicant's household income and expenses.

The Board found that the applicant's family had sufficient income to meet essential needs and was incurring significant non-essential expenses.

Consequently, the Board concluded the applicant failed to demonstrate an inability to pay the property taxes and dismissed the application.