49 total
Appeal dismissed; pleadings regarding deep vein thrombosis failed to disclose cause of action under Warsaw Convention.
The appellant appealed a decision striking their pleadings for failing to disclose a reasonable cause of action.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the pleadings disclosed no reasonable cause of action under Article 17 of the Warsaw Convention, citing leading jurisprudence on deep vein thrombosis and air travel.
Appeal dismissed as there was no basis to interfere with the trial judge's findings of fact.
The appellant appealed a trial decision that turned entirely on findings of fact.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's essential findings.
Costs of $10,000 were awarded to the respondent.
Appeal dismissed; asset purchase agreement clause found clear and unambiguous, barring extrinsic evidence.
The appellant appealed a decision interpreting Clause 2.7 of an asset purchase agreement.
The Court of Appeal agreed with the motion judge that the clause was clear and unambiguous, producing a commercially reasonable result.
The court upheld the refusal to admit extrinsic evidence or direct a trial on the rectification claim, and dismissed the claim against Stikeman Elliott.
The appeal was dismissed with costs.
Appeal of summary judgment dismissed due to lack of evidence of unprivileged publication.
The appellants appealed a summary judgment decision by Swinton J. dismissing their claim.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's principles or application, as the appellants produced no evidence of publication by the respondents beyond a communication that was absolutely privileged.
Appeal for real estate commission dismissed as trial judge's findings of fact were supported by evidence.
The appellant appealed the dismissal of its claim for real estate commission on the sale of an apartment building.
The trial judge found that the respondents did not deliberately delay the transaction to avoid paying commission and that the final offer was a separate and discrete transaction.
The Court of Appeal held that these findings of fact were well supported by the evidence and dismissed the appeal.
Appeal dismissed; no error found in trial judge's findings of fact or treatment of delay.
The appellants appealed a trial judge's decision, arguing that the trial judge erred in findings of fact and that the respondent's delay in initiating proceedings should disentitle them from advancing their claims.
The Court of Appeal found no global error in the findings of fact and agreed with the trial judge regarding the delay.
Appeal dismissed; guilty plea upheld as voluntary and no error found in pretrial custody credit.
The appellant appealed his conviction and sentence, seeking to set aside his guilty plea on the basis that it was involuntary due to pressure from his trial counsel.
The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's refusal to strike the plea, as the appellant's affidavit lacked credibility and did not demonstrate undue pressure.
The sentence appeal was also dismissed, with the Court finding no error in principle in the trial judge's exercise of discretion under s. 719(3) of the Criminal Code regarding credit for pretrial custody.
Appeal of support quantum and duration dismissed; trial judge's decision upheld.
The appellant appealed a trial judge's decision regarding the quantum and duration of support payments.
The Ontario Divisional Court dismissed the appeal, applying the standard of review from Hickey v. Hickey, and concluded that the facts did not warrant substituting its decision for that of the trial judge.
Application for re-hearing allowed; interest awarded on aggravated damages for sexual assaults on consent.
Following a judgment awarding aggravated and punitive damages for sexual assaults, the appellant applied for a re-hearing on the issue of interest.
On consent of the parties, the Supreme Court of Canada ordered that $15,017.48 in interest be awarded on the aggravated damages from the mid-point of the assaults to the date of judgment, with no interest on the punitive damages.