William Dermody

The plaintiffs sought summary judgment for $2.6 million in building replacement costs and $250,000 in business interruption losses after two windstorms damaged their mushroom farm buildings.

The defendant insurer argued that some damage pre-existed the storms and was excluded from coverage, relying on conflicting expert reports.

The court dismissed the motion for summary judgment, finding that the conflicting expert evidence regarding the cause and extent of the damage created a genuine issue requiring a trial.

The court also held that the statutory appraisal process was not appropriate for resolving disputes involving policy interpretation and causation.

The Human Rights Tribunal of Ontario convened a pre-hearing conference to address procedural matters in multiple combined complaints regarding autism services.

The Tribunal confirmed changes in representation, combined newly referred complaints with the existing groups, and established a schedule for the production of disclosure.

The Tribunal also reserved dates for the hearing on the merits and a constitutional question, while encouraging the parties to continue cooperating in the disclosure process.

The complainant alleged that the Mayor of Hamilton discriminated against him based on sexual orientation by refusing to issue a proclamation for Gay and Lesbian Pride Week.

The Board of Inquiry found that a mayoral proclamation is a 'service' under the Human Rights Code, as it is generally perceived as a benefit to the groups seeking it.

The Board held that the Mayor's refusal, though purportedly motivated by a desire to protect the gay and lesbian community from homophobic backlash, was paternalistic and constituted discrimination.

The Board further found that the City of Hamilton was neither directly nor vicariously liable for the Mayor's actions, as issuing proclamations falls outside his statutory duties as Chief Executive Officer.

The Mayor was ordered to pay $5,000 in compensation for injury to dignity and to issue the proclamation if requested in 1995.