Mark De Sanctis

The moving party sought panel review after a chambers judge refused to lift an automatic stay pending appeal.

Applying the deferential review framework for s. 7(5) CJA panel review, the court found no error in principle or unreasonable result and dismissed the review motion.

The plaintiff, Jaymat Limited, brought a motion for summary judgment against the defendants, Vivo Pizza Pasta Franchising Inc. and Pino Trichilo, for repayment of advances made in respect of several restaurant locations.

The court found that the advances, initially ambiguous as to whether they were loans or equity, were ultimately confirmed as loans by a promissory note signed in October 2021.

The court held that both defendants received consideration for signing the note, and that the note was enforceable.

Judgment was granted to the plaintiff for $2,100,000 plus interest, with leave to amend the corporate defendant’s name.

The court determined costs following a 106-day individual assessment trial in a class action where the plaintiff recovered $50,000 after claiming $60,000,000.

The plaintiff sought over $7,000,000 in costs, including nearly $3,000,000 in interest on litigation loans.

The court ruled that interest on litigation loans is not a recoverable disbursement.

Finding that the plaintiff unreasonably rejected multiple offers to settle from the defendants, the court awarded the plaintiff partial indemnity costs up to the date of the defendants' first offer in 2009, and awarded the defendants their partial indemnity costs thereafter, resulting in a net costs award of over $2.3 million payable by the plaintiff to the defendants.

The plaintiff appealed and the defendants cross-appealed a Master's order regarding documentary discovery in a personal injury action.

The Master ordered the plaintiff to produce medical records from a shoulder surgery performed 10 years prior to the accident, but refused to order production of the plaintiff's accident benefits file from a 1999 accident.

The Superior Court of Justice dismissed both the appeal and cross-appeal, finding no error of law in the Master's determinations on relevance and proportionality.

Appellant suffered a traumatic brain injury and severe back injury during a company-sponsored event while employed by respondent.

Appellant was unaware of the permanent and disabling nature of the brain injury until after resignation.

Appellant subsequently applied for long-term disability benefits under the employer's policy approximately five years after the injury occurred.

The insurer denied the claim on the basis that coverage terminated upon cessation of active employment.

The trial court upheld the denial.

On appeal, the court reversed, holding that the policy language, when read as a whole, provides coverage for claims arising from incidents occurring during the currency of employment, regardless of when the claim is subsequently filed.

The court also granted relief from forfeiture for the late filing of proof of claim and addressed the applicability of contractual and statutory limitation periods.