Nicholas P. Kapelos

This endorsement addresses a solicitor's unacceptable conduct in circumventing court approval for a minor's settlement.

The solicitor sought to dismiss a minor's claim without payment after a previous judge refused approval due to deficiencies and explicitly stated that approval was required even after the minor attained majority.

The solicitor ignored the court's order and obtained a consent dismissal, disbursing funds without judicial oversight.

The court found this a flagrant breach of Rule 7, disrespectful to the court process, and contrary to established case law requiring court approval for settlements entered into while a party is a minor, regardless of subsequent attainment of majority.

The appellants appealed a summary judgment dismissal of their negligence claim against the City of Toronto arising from a fall on a sidewalk.

The appellant sustained injuries when her foot landed on a missing paving stone on a narrow strip adjacent to the concrete sidewalk.

The motion judge found that the City had availed itself of the statutory defences under section 42(3) of the City of Toronto Act, 2006, having undertaken reasonable steps to prevent the state of non-repair and having no knowledge of the defect.

The Court of Appeal upheld the dismissal and denied the motion for leave to appeal the costs award.

The plaintiff landlord sought default judgment against the defendant tenant for unpaid rent and damages after the tenant abandoned the commercial premises.

The court awarded net damages for lost revenue and unpaid rent, but dismissed the claim for additional damages related to the alleged fraudulent removal of goods due to insufficient evidence of civil fraud.

The court also granted an amendment to add the tenant's operating name as a defendant and awarded costs.