M. Saunders is an Ontario lawyer with 4 court cases on record from 2016 to 2023.

What courts has M. Saunders appeared in?

M. Saunders has appeared in Superior Court of Justice.

How many cases has M. Saunders handled?

M. Saunders has 4 cases on record from 2016 to 2023.

What judges has M. Saunders appeared before?

M. Saunders has most frequently appeared before Justice Edward E. Gareau, Justice Annette Casullo, Justice Tracey J. Nieckarz.

M. Saunders | Lawyer

4 total

James v James et al., 2023 ONSC 3960

This endorsement addresses costs for two motions: John James's motion to remove Lory James as Estate Trustee and appoint an Estate Trustee During Litigation (ETDL), and Lory James and Glacier Trading Corporation's motion to strike John's counterclaim.

The court previously granted the appointment of an ETDL and dismissed the motion to strike the counterclaim.

The court determined that costs should be fixed immediately rather than reserved for trial, emphasizing the "loser pays" principle in estate litigation.

John James was deemed the overall successful party on his motion, and entirely successful on the motion to strike.

The court awarded John James $10,000 in costs against Lory James personally for his motion, and $5,500 jointly and severally against Lory James and Glacier Trading Corporation for their unsuccessful motion to strike.

SCJJul 4, 2023

Applicant Counsel

BMW Financial Services Canada v. Liu, 2021 ONSC 1574

The plaintiff, BMW Financial Services Canada, brought a motion for summary judgment against the defendant, Jingwe Liu, for monies owed under a vehicle lease agreement.

The defendant had admitted signing the lease in his statement of defence but later claimed the signature was a forgery and the witness was not present.

The court granted summary judgment to the plaintiff, finding the defendant's admission clear and definite, and that there was no genuine issue requiring a trial.

The court also considered, hypothetically, a motion to withdraw the admission and found it would not be granted due to lack of reasonable explanation and non-compensable prejudice to the plaintiff.

SCJMar 2, 2021

Respondent Counsel

Petahtegoose et al. v Eacom Timber et al., 2016 ONSC 3304

This decision addresses costs following the dismissal of the applicants' motion for an interlocutory injunction.

The respondents, including EACOM Timber Corporation, Northshore Forest Inc., Vermilion Forest Management Company Ltd., and two government Ministries, did not seek costs.

The applicants requested that no costs be ordered against them.

The court, noting the lack of costs requests from the respondents and the applicants' position, ordered that all parties bear their own costs for the interlocutory injunction motion.

SCJMay 18, 2016

Respondent Counsel

Petahtegoose et al. v Eacom Timber et al., 2016 ONSC 2481

The applicants sought an interlocutory injunction to halt logging, road building, and aerial spraying in the Benny area, asserting a lack of meaningful consultation and consent regarding their Aboriginal and Treaty rights.

The court applied the three-part test for an interlocutory injunction, finding that the Crown's duty to consult with the Atikameksheng Anishnawbek First Nation (AAFN) had been met through extensive engagement, which led to the approval of remedial measures by the AAFN Chief and Council.

The applicants failed to demonstrate a serious issue to be tried or irreparable harm, as their claims were general and the Crown's protective measures were deemed ample.

Furthermore, the balance of convenience favoured the respondents, given the significant economic impact and job losses that an injunction would cause.

The court also clarified that the duty to consult is owed to the collective Aboriginal group, not individual members, and rejected claims of additional hereditary clan leader reserves under the Robinson-Huron Treaty of 1850.

The motion for an interlocutory injunction was dismissed.

Respondent Counsel