Nathaniel Erskine-Smith

The appellant, a physician, sued the respondent lawyers who represented her former patients in medical malpractice actions and complaints to the College of Physicians and Surgeons.

The appellant alleged defamation, malicious prosecution, champerty and maintenance, intentional interference with economic relations, and intentional infliction of mental distress based on statements published on the respondents' website and in the news.

The motion judge struck the statement of claim in its entirety for disclosing no reasonable cause of action.

The Court of Appeal dismissed the appeal, finding that the defamation claim was based on statements incapable of defamatory meaning, the other tort claims were premature or improperly pleaded, and the action as a whole constituted an abuse of process designed to collaterally attack the ongoing proceedings against the appellant.

The appellant and respondent entered into a business arrangement to acquire a property, incorporating a company to hold it.

The respondent provided financing, secured by promissory notes and share pledging agreements.

When a third partner defaulted, the appellant acquired his shares but failed to pay the outstanding debt associated with them.

The trial judge found the respondent was entitled to forfeit the unpaid shares, resulting in a 55% ownership stake for the respondent.

The Court of Appeal dismissed the appeal, holding that the trial judge reasonably interpreted the interconnected agreements and correctly found that the statement of claim served as sufficient written notice of forfeiture.

The applicant alleged that the respondent, the former Lord Mayor of Niagara-On-The-Lake, breached the Minutes of Settlement resolving a previous human rights application.

The settlement required the respondent to recommend that the Lord Mayor's Prayer Breakfast Committee become more inclusive, and if rejected, to resign and remove his name and office from the committee's name.

The recommendation was rejected, and the respondent resigned.

However, the committee continued to advertise the event as the "Lord Mayor's Prayer Breakfast," and the respondent attended in his official capacity, wearing his chain of office.

The Tribunal applied principles of contract interpretation and found that the respondent breached the settlement by failing to dissociate himself and his office from the committee.

The respondent was ordered to make a $500 charitable donation.

The applicants, a non-Catholic student and his father, sought an exemption from mandatory attendance at liturgies and religious retreats at a Roman Catholic secondary school.

The school board refused, arguing these activities were not 'programs or courses of study in religious education' under section 42(13) of the Education Act.

The Divisional Court held that liturgies and retreats are planned series of events with a central purpose of religious education and experience, thus qualifying as programs under the Act.

The application for judicial review was allowed, and the student was granted the exemption.

Following motions granting leave to amend statements of claim under Rules 5.04 and 26.01 of the Rules of Civil Procedure, the court addressed costs.

The plaintiffs sought substantial indemnity costs, arguing complete success and alleging procedural misconduct including late responding materials and a property transfer during the motion.

The defendants argued that the amendments constituted an indulgence and that their opposition was reasonable given the plaintiffs’ delay in bringing the motions.

The court found that the plaintiffs had delayed unnecessarily, creating additional discoverability issues that justified the defendants’ opposition.

No order for costs was made.

The moving party brought a motion for leave to appeal and for a stay of an order removing her as executor and requiring her to vacate an estate property.

The Divisional Court dismissed the motion, finding it was not properly before the court because the underlying orders were final.

Costs were awarded to the responding parties.