Zachary Silverberg

The self-represented plaintiff brought a motion to compel the three defendants to deliver further and better affidavits of documents and to provide access to their computer hard drives to search for relevant documents.

The underlying action involves allegations of fraudulent misrepresentation regarding structural damage to the plaintiff's vehicle following a collision.

The court dismissed the motion against two defendants, finding no evidence that documents were withheld or intentionally deleted.

The motion against the insurer was partially granted, requiring it to produce an event log and an itemized list of documents claimed as privileged, but the request to inspect its hard drive was denied.

The successful purchasers in a specific performance action moved to expedite the vendors' appeals, require security for costs, and lift the stay of the trial judge's cost order.

A non-party law firm, acting as an execution creditor, moved to intervene and delay the purchasers' motion pending a priority dispute in the Superior Court of Justice.

The Court of Appeal granted the motion to expedite the appeals, noting the purchasers withdrew their other requests.

The intervention motion was dismissed, as the priority dispute among creditors was properly a matter for the Superior Court of Justice.

The appellants moved for a stay of a trial judgment ordering specific performance of an agreement of purchase and sale and requiring them to vacate the property.

The trial proceeded largely in their absence after their requests for an adjournment were denied.

The Court of Appeal dismissed the motion for a stay, finding that while the appeal raised a serious question regarding the refusal to adjourn, the appellants failed to establish irreparable harm or that the balance of convenience favoured a stay, particularly given the respondents' undertaking not to deal with the property pending the appeal.

The plaintiff landlord sued the defendant tenants for unpaid rent and property taxes under a commercial lease for a golf driving range.

The defendants counterclaimed, alleging the landlord breached an oral agreement to finance and build a year-round deck structure, and breached the duty of good faith by orchestrating their default.

The court found that the parol evidence rule did not bar consideration of unsigned collateral agreements, but concluded the evidence did not support the defendants' claim that the landlord promised to pay for the deck.

The counterclaim was dismissed, and the plaintiff was awarded $63,000 for unpaid rent and taxes.

The plaintiff brought a motion for summary judgment for wrongful dismissal, while the defendant employer claimed the plaintiff had resigned.

The court found that the plaintiff was terminated, as his conduct did not objectively reflect a clear and unequivocal intention to resign.

The court awarded a nine-month notice period, unpaid vacation pay, health benefits expenses, and damages for lost bonuses, finding the bonus was an integral part of compensation.

The plaintiff's claim for punitive damages was dismissed.

Two competing class actions were filed following a six-alarm electrical fire that displaced hundreds of tenants at 650 Parliament Street.

The court heard a carriage motion to determine which law firm should proceed.

Finding both firms equally qualified and prepared, the court awarded carriage to the Strosberg/Charney consortium in the Chu action based on their fee arrangement, which would result in a significantly larger net recovery for the class members compared to the competing firm's fixed fee and third-party funding arrangement.