Martin Zatovkanuk

The applicant bank sought leave to appeal an interlocutory order awarding $30,000 in costs to the respondent Crown.

The costs were awarded after the Crown responded to an application involving a dissolved corporation and a void property transfer.

The Divisional Court dismissed the motion for leave to appeal, finding that the motion judge's discretionary costs award did not meet the strict test for leave under Rule 62.02(4), as there was no conflicting decision, no reason to doubt the correctness of the order, and no matter of general importance.

The applicant was injured in a rear-end motor vehicle collision and sought statutory accident benefits from his insurer.

The insurer terminated income replacement, attendant care, and housekeeping benefits, arguing the applicant was no longer disabled and had not sustained a catastrophic impairment.

The arbitrator found that while the applicant's physical injuries were largely resolved or pre-existing, the accident triggered a mental disorder (Adjustment Disorder/Major Depressive Disorder) that caused a marked impairment in the sphere of adaptation.

Consequently, the applicant was deemed catastrophically impaired.

The arbitrator ordered the insurer to pay ongoing income replacement benefits, finding the applicant met both the eligibility and disability tests.

The arbitrator also awarded ongoing housekeeping benefits at $90 per week and specific attendant care benefits, but dismissed the claims for assessment costs and a special award.

Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer sought its expenses of approximately $35,000.

The arbitrator declined to order the applicant's counsel to personally pay the expenses, finding no evidence of frivolous claims or unreasonable delay attributable to counsel.

The arbitrator found the insurer was entitled to its expenses from the applicant as the successful party.

However, the arbitrator reduced the claimed fees and disbursements, noting the case was not particularly complex and disallowing costs for transcripts and excessive expert preparation time.

The applicant was ordered to pay $15,000 in expenses to the insurer.

The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits and income replacement benefits (IRBs).

The insurer denied the claims on the basis that the applicant's impairments fell within the Minor Injury Guideline (MIG) and that he did not meet the disability test for IRBs.

The arbitrator dismissed all of the applicant's claims, finding significant credibility issues due to inconsistent reporting of pre-accident medical history, post-accident employment, and income.

The arbitrator concluded that the applicant's impairments were predominantly minor injuries and that he failed to prove a substantial inability to perform the essential tasks of his pre-accident employment, noting that he had worked in physically demanding jobs post-accident.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct relating to her failure to adequately supervise students.

During the 2010-2011 school year, several incidents occurred in the member's classroom resulting in injuries to students, including biting, scratching, and strangling.

The member admitted to struggling with classroom management and agreed to a finding of professional misconduct.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand.

The Committee also ordered that the member's name be published in the College's official publication, finding that publication was necessary for specific and general deterrence and to serve the public interest.

The defendant moved for leave to appeal an order dismissing his motion for summary judgment.

The underlying action arose from a motor vehicle accident, and the defendant argued the claim was statute-barred because the plaintiff ought to have discovered his chronic pain claim within two years of the accident.

The Divisional Court dismissed the motion for leave to appeal, finding no good reason to doubt the correctness of the motion judge's decision.

The court held that the plaintiff was entitled to rely on the discovery evidence filed by the defendant on the summary judgment motion, and that the motion judge correctly applied the discoverability principles to find the plaintiff had exercised reasonable diligence in investigating whether his injuries met the statutory threshold.

The member, a teacher, pleaded guilty to professional misconduct following a criminal conviction for driving with a blood-alcohol level over 80mg.

The Discipline Committee accepted an Agreed Statement of Facts and Joint Submission on Resolution.

The member was reprimanded.

The only contested issue was whether the member's name should be published in the decision summary.

The Committee ordered publication of the member's name, finding it necessary for transparency and as a general and specific deterrent.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct relating to inappropriate comments and behaviour towards students.

The member entered a plea of no contest and admitted to calling students derogatory names, making inappropriate comments about their appearance, and exhibiting poor classroom management.

The Discipline Committee accepted a joint submission on penalty, finding the member guilty of professional misconduct.

The committee ordered a reprimand and, noting the member's retirement and cooperation, directed that the decision be published without the member's name.

The Member, a teacher, pled guilty to professional misconduct after engaging in verbally and emotionally abusive behaviour toward a colleague following the end of their consensual relationship.

The Member sent offensive and threatening text messages and continued to pursue the colleague despite being asked to stop.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand, the completion of a course on harassment and professional boundaries, and publication of the decision with the Member's name.

The member, a contract teacher, was recorded on video taking $33.00 from a locked drawer in the school's office over a five-day period.

He resigned and later made restitution of $100.00.

The member pleaded guilty to professional misconduct.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand and the completion of a course on ethical behaviour.

The Committee also ordered that the decision be published with the member's name, rejecting the member's request for publication without name, emphasizing the need for transparency, accountability, and deterrence.

The Member, a probationary teacher, pleaded guilty to professional misconduct for physically abusing a student by dragging him across the classroom floor and shaking him by the ankles.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand, a requirement to complete a classroom management course before returning to teaching, and publication of the decision with the Member's name.

The Ontario College of Teachers brought disciplinary proceedings against a former principal who misappropriated funds from a non-public school account.

The member wrote himself cheques totalling $16,000 and left an additional $72,500 unaccounted for.

He subsequently pled guilty to criminal charges of theft over $5,000 and received a conditional sentence.

The member did not attend the discipline hearing but submitted a Memorandum of Agreement pleading guilty to professional misconduct.

The Discipline Committee accepted the joint submission, found the member guilty of professional misconduct, and ordered the immediate revocation of his teaching certificate.

The Member, a former principal/director, pleaded guilty to professional misconduct after a forensic audit revealed she misappropriated $91,792.75 from her school authority.

She had previously pleaded guilty to criminal fraud over $5,000 and made full restitution.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, ordering the immediate revocation of her teaching certificate and publication of the decision.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct.

The member admitted to using inappropriate slang terminology and discussing sexual education topics outside the curriculum in a Grade 7 Health class, as well as using inappropriate racial terminology on two occasions.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Resolution.

The member was found guilty of professional misconduct and ordered to receive a reprimand, complete a course on maintaining appropriate teacher/student boundaries, and have the decision published.