Who is Justice Matlow J.?

Justice Matlow J. is an Ontario judge at the Divisional Court with 4 decisions on record from 1999 to 2005. Key areas include civil litigation - defendant, civil litigation - plaintiff, family and matrimonial law.

What court does Justice Matlow J. sit in?

Justice Matlow J. sits at the Divisional Court.

What areas of law does Justice Matlow J. specialize in?

Justice Matlow J.'s most common areas include Civil Litigation - Defendant (3 cases), Civil Litigation - Plaintiff (3 cases), Family and Matrimonial Law (1 cases). Justice Matlow J. has handled 4 cases across 7 practice areas.

How many cases has Justice Matlow J. decided?

Justice Matlow J. has 4 reported decisions from 1999 to 2005.

What lawyers frequently appear before Justice Matlow J.?

Top counsel appearing before Justice Matlow J. include Mark E.P. Cavanaugh, Mark Tobernowski, James L. Vigmond.

Justice Matlow J.

Sutton Group Bayview Realty Inc. v. Samuel Dennis and Remax Hallmark Realty Ltd., 2005 ONSCDC 3477

The appellant real estate agency appealed the dismissal of its claim for commissions against the respondents.

The trial judge found the listing agreement invalid because the agent failed to leave a copy with the vendor, as required by section 35 of the Business Brokers Act.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's factual findings.

However, the Court noted the trial judge erred in concluding that failure to post the listing on MLS within two days invalidated the agreement, and that agents are required to verify a vendor's authority or sole ownership before signing a listing agreement.

ONSCDCFeb 16, 2005

Andrew Traynor v. Unum Life Insurance Company of America, 2003 ONSCDC 17998

The defendant insurer appealed an order granting a mandatory interlocutory injunction that required it to pay periodic disability benefits to the plaintiff pending trial.

The Divisional Court allowed the appeal and set aside the order, finding that the motions judge erred in concluding the plaintiff would suffer irreparable harm.

The Court held that social stigma, loss of dignity, and potential loss of residence were not supported by the evidence as constituting irreparable harm in this context, and that the policy did not provide for ongoing future benefits without proof of continuing disability.

ONSCDCJun 4, 2003

Traynor v. Unum Life Insurance Co. of America, 2003 ONSCDC 40149

The plaintiff, who claimed to suffer from chronic fatigue syndrome, was denied long-term disability benefits by the defendant insurer.

The plaintiff commenced an action and successfully moved for a mandatory interlocutory injunction requiring the insurer to pay periodic disability benefits and arrears until trial.

The insurer appealed.

The Divisional Court allowed the appeal and set aside the injunction, finding that the motions judge erred in concluding the plaintiff would suffer irreparable harm.

The majority held that the plaintiff's financial hardship and potential loss of dignity did not constitute irreparable harm, as damages would be an adequate remedy if the plaintiff succeeded at trial.

ONSCDCJun 4, 2003

Reid Martin v. Reid, 1999 ONSCDC 35006

The appellant appealed a decision appointing the deceased's spouse and another individual as estate trustees.

The Divisional Court held that under s. 6(8) of the Family Law Act, a surviving spouse who elects to take their share under the Act rather than the will cannot act as an executor, as the will is interpreted as if they had predeceased the testator.

Furthermore, due to conflict between the parties, the court found it preferable to appoint an independent executor.

The appeal was allowed and the judgment varied to appoint an independent estate trustee.

ONSCDCMar 22, 1999