Naila A. Ruba

The plaintiff brought a motion under Rule 7.08 for approval of a settlement of a disability benefits claim for a person under disability.

The action settled for an all-inclusive amount of $113,553.00.

The court previously approved the settlement but reserved on the issue of plaintiff counsel's fees, directing a breakdown of the all-inclusive amount.

After reviewing the breakdown and the contingency fee agreement, the court found the 33.33% fee on the damages portion to be fair and reasonable, approving total fees and disbursements of $39,629.17.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for long-term disability benefits on the basis that the plaintiff failed to submit a formal application for benefits.

The court found that the failure to submit a formal claim amounted to imperfect compliance rather than non-compliance, as the defendant had already adjudicated and denied the plaintiff's short-term disability claim and had notice of the long-term disability claim via a completed physician questionnaire.

The court granted the plaintiff relief from forfeiture, finding that the defendant suffered no substantial prejudice, and dismissed the defendant's motion for summary judgment.

The plaintiff, a person under disability, brought a motion under Rule 7.08 for approval of a settlement of his long-term disability claim against the defendant for an all-inclusive amount of $113,553.

The court found the settlement amount to be fair and reasonable.

However, the court adjourned the approval of the plaintiff's counsel's contingency fee, directing counsel to provide a breakdown of the all-inclusive settlement to ensure the fee was calculated only on the damages portion, as required by the retainer agreement.

Staff of the Ontario Securities Commission sought an inter-jurisdictional enforcement order against the respondent under s. 127(10) of the Securities Act, based on a prior order of the British Columbia Securities Commission (BCSC).

The BCSC had found that the respondent engaged in illegal distribution, unregistered trading, and made misrepresentations to investors.

The respondent did not appear at the written hearing.

The Commission found that the BCSC order met the test under s. 127(10) and that it was in the public interest to make a reciprocal order in Ontario, noting the respondent's solicitation of potential Ontario investors via Craigslist.

The Commission ordered that the respondent resign any positions as director or officer of any issuer or registrant, and permanently restricted his participation in Ontario's capital markets until the BCSC administrative penalty is paid and the BCSC ban expires.

Staff of the Ontario Securities Commission applied for an inter-jurisdictional enforcement order against the respondents under s. 127(10) of the Securities Act, based on a prior order of the British Columbia Securities Commission.

The BCSC had found that the respondents engaged in an illegal distribution of securities and that the individual respondent perpetrated a fraud by misappropriating investor funds.

The respondents did not participate in the written hearing.

The Commission found it was in the public interest to protect Ontario investors and capital markets by imposing permanent trading, acquisition, and director/officer bans on the respondents, mirroring the non-financial sanctions imposed in British Columbia.

Staff of the Ontario Securities Commission sought an inter-jurisdictional enforcement order against the respondents under subsections 127(1) and 127(10) of the Securities Act, based on findings of fraud and unregistered trading by the British Columbia Securities Commission.

The respondents did not participate in the written hearing.

The Commission found that the BCSC's findings met the requirements for a reciprocal order and that the respondents' conduct would have breached Ontario securities laws.

The Commission concluded it was in the public interest to impose permanent trading, acquisition, and director/officer bans on the respondents to protect Ontario capital markets.