Who is M. Klippenstein?

M. Klippenstein is an Ontario lawyer with 3 court cases on record from 2012 to 2020.

What courts has M. Klippenstein appeared in?

M. Klippenstein has appeared in Superior Court of Justice.

How many cases has M. Klippenstein handled?

M. Klippenstein has 3 cases on record from 2012 to 2020.

What judges has M. Klippenstein appeared before?

M. Klippenstein has most frequently appeared before Justice Michael P. McGraw, Justice P.T. Sugunasiri, Justice D. M. Brown.

M. Klippenstein

3 total

Caal Caal v. Hudbay Minerals Inc., 2020 ONSC 415

The plaintiffs sought leave to amend their Amended Statement of Claim to include further particulars regarding the alleged involvement of the Guatemalan police and military in sexual assaults during forced evictions, in addition to private security personnel.

The defendants opposed, arguing the amendments constituted a new cause of action, were unduly delayed, and would cause prejudice.

The court found that the proposed amendments were particulars of existing negligence claims, not a new cause of action, and that no actual or presumed prejudice would result to the defendants.

Leave to amend was granted.

SCJJan 21, 2020

Applicant Counsel

Durakovic v. Guzman et al., 2018 ONSC 645

The plaintiff brought a motion under Rule 26.01 to amend his statement of claim for a third time in an action for defamation and negligence against his former spouse, the police, and the Children's Aid Society.

The proposed amendments sought damages for the adverse outcomes of family law proceedings, alleging they were tainted by the defendants' false accusations that the plaintiff was a terrorist.

The defendants opposed the motion, arguing the amendments raised statute-barred causes of action and constituted an impermissible collateral attack on the family law decisions.

The Master granted the motion, finding it was not plain and obvious that the amendments would fail, as they arguably pleaded a continuous course of damage rather than new causes of action, and the collateral attack issue was better left for trial.

SCJFeb 2, 2018

Applicant Counsel

Co-operative Housing Federation of Canada v. Bridlewood Co-operative Inc., 2012 ONSC 5936

The court-appointed receiver of a non-profit housing co-operative moved for approval of an agreement of purchase and sale with a non-profit corporation.

The sale would preserve the property as affordable housing but required an increase in occupancy fees to fund necessary repairs.

A competing bidder submitted a revised offer after the bid deadline, matching the financial terms and offering a one-year freeze on occupancy fees, but without a long-term commitment to affordable housing.

Applying the Soundair test and considering the special factors for co-operative housing, the court found the receiver's process was fair and the recommended offer was not improvident.

The motion to approve the sale was granted.

Applicant Counsel