Mikalai Chapurny

The plaintiff, an elderly passenger using a walker, brought a negligence action against the transit commission and its bus driver after she fell while exiting a bus.

She alleged the driver breached the standard of care by failing to deploy a ramp or move the bus closer to the curb.

The court reviewed video evidence and testimony, finding that the driver had stopped a normal distance from the curb and kneeled the bus according to standard practice.

The court concluded the plaintiff failed to establish a prima facie case of negligence, and the action was dismissed.

The appellant, a commercial tenant, commenced a Superior Court action against its former landlord and another tenant for breach of contract and various torts.

The motion judge struck the claim as an abuse of process because the issues were substantially the same as two small claims actions the appellant had already commenced against the respondents.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the actions were substantially the same and constituted an abuse of process.

The court also upheld the motion judge's award of substantial indemnity costs.

The applicant commercial tenant brought a motion for an interlocutory injunction to restrain the respondent landlord from evicting it pending the hearing of its application.

The parties had been unable to agree on the rent for a five-year renewal period.

The court applied the RJR-MacDonald test, finding a serious issue to be tried regarding the renewal rate, irreparable harm if the tenant was evicted, and that the balance of convenience favoured the tenant.

The injunction was granted, with the tenant ordered to pay an interim monthly rent.