Who is Ronald J. McCloskey?

Ronald J. McCloskey is an Ontario lawyer with 4 court cases on record from 2003 to 2015.

What courts has Ronald J. McCloskey appeared in?

Ronald J. McCloskey has appeared in Court of Appeal, Superior Court of Justice, with most appearances at the Court of Appeal.

How many cases has Ronald J. McCloskey handled?

Ronald J. McCloskey has 4 cases on record from 2003 to 2015.

What judges has Ronald J. McCloskey appeared before?

Ronald J. McCloskey has most frequently appeared before Justice Stephen Borins, Justice T. R. Lofchik, Justice Russell G. Juriansz.

Ronald J. McCloskey

4 total

SCJMay 25, 2015

Successful defendants received reduced partial indemnity costs after summary judgment.

This was a costs endorsement following a successful summary judgment motion in favour of two defendants.

The court held the successful defendants were entitled to costs on a partial indemnity basis, but reduced the amounts claimed for file review, pleadings, document discovery, motion preparation, and certain disbursements.

The court found the claimed hourly rate reasonable while emphasizing that recoverable costs are not determined solely by hours multiplied by rate and must reflect what a reasonable losing party might expect to pay.

Costs were fixed at $22,274.10 inclusive of fees, disbursements, and H.S.T.

Sharon Todd v. Felton Brushes Ltd et. al., 2015 ONSC 3209

Applicant Counsel

OCAJul 20, 2009

Appeal allowed; motion judge erred by effectively setting aside a CCAA vesting order without a proper motion.

In a CCAA proceeding, the appellant purchased the debtor's assets, including a spray booth, pursuant to a vesting order.

When the appellant attempted to remove the equipment, the landlord claimed ownership under the lease.

The motion judge ruled in favour of the landlord, finding the debtor had no title to transfer.

The Court of Appeal allowed the appeal, holding that the motion judge's decision created two inconsistent court orders and constituted an impermissible collateral attack on the vesting order, which had not been set aside or varied.

Clemmer Steelcraft Technologies Inc. v. Bangor Metals Corp., 2009 ONCA 534

Respondent Counsel

OCASep 30, 2003

Costs of the appeal and motions awarded to the respondents following a successful cross-appeal.

The Court of Appeal issued a costs endorsement following an appeal and cross-appeal regarding a summary judgment motion.

The respondents successfully had all their claims proceed to trial, as the appellants failed to obtain the dismissal of any claims.

The court awarded the respondents 100 percent of their costs for the motions, fixed at $43,799.70 per appellant, and fixed the costs of the appeal at $50,000 on a partial indemnity basis.

The Law Society of Upper Canada v. Ernst & Young, 2003 ONCA 57414

Applicant Counsel

OCAJul 3, 2003

Appeal allowed and action ordered to trial because complex questions of law regarding the 'passing on' defence should not be decided on assumed facts.

The appellants, former auditors and actuaries of the respondent law society, appealed the dismissal of their motions for summary judgment and to strike the statement of claim.

The respondents had sued for professional negligence, alleging the appellants understated deficits in the professional liability insurance plan.

The appellants argued that even if they were negligent, the respondents suffered no damages because the losses were 'passed on' to members through increased levies.

The motion judge dismissed the appellants' motions and struck the 'passing on' defence, proceeding on the basis of assumed facts.

The Court of Appeal allowed the appeal and cross-appeal, holding that the motion judge erred in deciding hypothetical questions of law based on assumed facts when material facts were in dispute.

The Court concluded that it was not plain and obvious that the 'passing on' defence is unavailable in Canadian law, and ordered the entire action to proceed to trial.