Lindsay Beck

Five organizations brought motions for leave to intervene in an appeal concerning the constitutionality of provincial legislation that required the removal of bicycle lanes in Toronto.

The underlying judgment found the legislation violated section 7 of the Charter.

The motion judge granted leave to all five proposed interveners, but limited the scope of their interventions to specific issues such as the positive/negative rights dichotomy, the interpretation of recent section 7 jurisprudence, and the application of equality and child-interest principles to the gross disproportionality analysis.

The interveners were restricted to 10-page factums and brief oral submissions.

In the context of two related actions involving a land banking business, the parties brought several preliminary motions before a scheduled summary judgment motion.

The moving parties (defendants in the first action) sought to bring a motion for security for costs, which the case management judge deferred until after the summary judgment motion due to delay and efficiency.

The responding parties (plaintiffs in the first action) brought a Rule 21 motion to dismiss the second action, arguing it was statute-barred and an abuse of process.

The court dismissed this motion, finding that the discoverability of the alleged unlawful act conspiracy raised factual issues that could not be resolved on a Rule 21 motion.

Finally, the court made several specific orders regarding documentary production, applying the principle of proportionality.

The applicants sold their company to the respondents, with $1 million held in escrow to secure indemnity claims.

The agreement required the applicants to object to any claims within 30 days, time being of the essence.

The applicants' lawyer inadvertently missed the deadline by seven days due to a medical emergency and a colleague's serious injury.

The applicants brought an application for relief from forfeiture under s. 98 of the Courts of Justice Act.

The court held that relief from forfeiture was available even without a strict breach of contract, and granted the relief because the applicants acted reasonably, the breach was minor, and the $1 million forfeiture was disproportionate to the minimal prejudice suffered by the respondents.

The respondents' request for a reciprocal time extension was denied.

The plaintiffs, owners of a fitness club, sued the defendants for alleged misrepresentations regarding the availability of parking spaces and for failing to provide adequate alternative parking during construction.

The defendants brought a motion for summary judgment.

The court found that the misrepresentation claims were barred by the 'four corners' clause in the lease agreement, the releases signed by the parties, and the expiry of the two-year limitation period, as there was no evidence of fraudulent misrepresentation or concealment.

The court also found no triable issue regarding the alternative parking, as the plaintiffs failed to provide sufficient evidence that membership cancellations were linked to parking issues.

The motion for summary judgment was granted and the claims against the moving defendants were dismissed.

Following a successful trial, the plaintiff sought costs and disbursements against the defendant.

The defendant largely agreed with the plaintiff’s bill of costs but raised objections concerning certain travel expenses and the calculation of prejudgment interest.

The court held that the plaintiff was entitled to airfare to attend the trial but not travel costs for the pre‑trial hearing because participation could have occurred by teleconference.

The court also required proper receipts corresponding with trial dates and adjusted prejudgment interest to reflect a 16‑month period rather than the 19 months claimed.

Subject to those adjustments, the plaintiff was awarded the costs and disbursements set out in the bill of costs.

A former employee sought enforcement of a severance settlement reached following termination without cause after the employer refused payment upon later discovering a shortfall in funds related to an employee social committee activity.

The employer conducted an internal investigation and asserted after-acquired cause, alleging theft and material nondisclosure during settlement negotiations.

The court found the investigation inaccurate and unreliable, noting the employee had not admitted theft and the criminal charge had been withdrawn without admission.

The conduct occurred in relation to an informal arrangement unrelated to the employee’s job duties and was accompanied by an intention to repay the funds.

The employer failed to establish just cause or grounds to rescind the settlement.

Supplementary reasons clarifying aspects of an earlier medical negligence judgment arising from treatment provided at a hospital and by several physicians.

The court clarified that the action was dismissed against one physician and the hospital.

The court also clarified the appearance of additional defence counsel for two of the remaining physician defendants.

The reasons supplement the earlier judgment and resolve ambiguity in the disposition and counsel record.