Civil Litigation - Plaintiff - ODC

The appellant appealed a Small Claims Court decision ordering him to repay a $30,000 loan, arguing the claim was statute-barred and the trial judge's reasons were inadequate.

The Divisional Court found that the trial judge failed to adequately explain his credibility findings and overlooked significant aspects of the complex evidentiary record.

The appeal was granted, the judgment set aside, and the matter remitted for a new trial.

The defendants applied for judicial review of an interlocutory costs order made by a Small Claims Court deputy judge at a settlement conference.

The deputy judge had ordered $500 in costs against the defendants for taking an 'all or nothing' position and refusing to compromise.

The Divisional Court dismissed the application to set aside the costs order, finding that the deputy judge had jurisdiction to make a costs order and that any error in doing so did not amount to a loss of jurisdiction or a breach of procedural fairness.

However, the court ordered that the matter proceed directly to trial rather than returning to the same deputy judge for a second settlement conference.

The appellant appealed a Small Claims Court decision dismissing her motion to set aside an administrative dismissal for delay.

The appellant had commenced a Small Claims action but later retained counsel who commenced a Superior Court action and intended to transfer the Small Claims action.

The Small Claims action was dismissed for delay.

The Divisional Court allowed the appeal, finding the Deputy Judge erred in law by concluding that a motion to transfer demonstrated a deliberate decision not to advance the litigation, by considering the appellant's potential claim against her former counsel, and by finding that the loss of a limitation defence constituted prejudice caused by the delay.

The dismissal was set aside and the action transferred to the Superior Court.

The appellant sought to appeal an order refusing a stay of summary judgment.

The Divisional Court held that under s. 71(3) of the Construction Lien Act, no appeal lies from an interlocutory order.

Citing Court of Appeal precedent, the court confirmed that an order refusing a stay of summary judgment is procedural and therefore interlocutory.

Consequently, the court lacked jurisdiction to hear the matter, and the appeal was dismissed with costs.

The appellant general contractor appealed a trial judgment awarding $142,553.33 to the respondent subcontractor in a construction lien action.

The appellant argued the respondent abandoned the project when faced with a payment dispute.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the respondent had fully performed its obligations and did not abandon the contract, but rather stopped work due to the appellant's material breach in refusing to pay.

The moving party successfully brought a motion to quash the responding party's appeal of an interlocutory order from the Small Claims Court.

The moving party sought costs on a substantial indemnity basis, relying on a settlement offer made prior to the motion.

The court found that the moving party obtained a result as favourable as the terms of her offer and awarded substantial indemnity costs fixed at $1,550.

The appellant appealed an order granting the respondent leave to commence a derivative action on behalf of a corporation under s. 246 of the Business Corporations Act.

The motion judge had granted leave on a nunc pro tunc basis.

The Divisional Court held that the motion judge erred in applying the doctrine of nunc pro tunc to cure an expired limitation period, following the Supreme Court's decision in the CIBC Trilogy.

The court varied the order to state that derivative claims arising more than two years prior to the filing of the motion for leave are statute-barred, but allowed the grant of leave to stand for continuing breaches within the limitation period.

The appellant purchased a used vehicle from the respondent's father in a private sale after seeing an advertisement claiming the vehicle had a 'new' engine.

The engine failed shortly after purchase, and the appellant sued for the cost of repairs, alleging fraudulent misrepresentation and breaches of the Consumer Protection Act.

The Small Claims Court dismissed the action.

On appeal, the Divisional Court upheld the decision, finding no palpable and overriding errors of fact and no errors of law.

The court confirmed that the Consumer Protection Act does not apply to private transactions between individuals who are not in the business of selling vehicles, and the facts did not support a finding of fraudulent misrepresentation.

The parties appeared before the Divisional Court and requested an adjournment of an appeal from the Landlord and Tenant Board concerning a $15,000 damages claim.

Citing proportionality and the inefficient use of judicial resources, the court proposed deciding the appeal on a written record rather than reconvening for oral argument.

The parties consented, and the court issued a procedural order setting a schedule for the exchange of written materials and costs submissions.

The moving party sought to review a decision of a single judge of the Divisional Court who had declined to extend the time to perfect an appeal.

The moving party argued they were caught by surprise by the nature of the motion below.

The Divisional Court dismissed the motion to review, finding that this argument was not raised below, the record did not support it, no fresh evidence was adduced, and the single judge made no palpable or overriding error.

Furthermore, the motion to review was itself brought out of time.

The appellant appealed an order regarding a charging order under the Solicitors Act to the Divisional Court, arguing the monetary value was under $50,000.

The Divisional Court held that a charging order is a final order and the appellant failed to prove the value was under $50,000, as the garnishments exceeded $200,000.

The court concluded it lacked jurisdiction and transferred the appeal to the Court of Appeal pursuant to section 110(1) of the Courts of Justice Act.

The proposed intervenor, representing Ontario school boards, brought a motion to intervene in an appeal concerning the allocation of tax savings between a utility's shareholders and ratepayers.

The utility opposed the intervention, arguing the proposed intervenor would merely duplicate the regulator's arguments.

The court granted the motion, finding that the proposed intervenor had a direct interest in the outcome and would provide a useful and distinct perspective on behalf of ratepayers without causing undue delay.

The appellant subcontractor appealed a trial judge's decision granting priority to a solicitors' charging order over the subcontractor's trust claim under the Construction Lien Act.

The Divisional Court allowed the appeal, finding that funds payable to the contractor by the owners on account of an assigned lien were trust funds under section 8 of the Act.

The court held that the subcontractor's trust claim, including interest on the trust funds, takes priority over the solicitors' charging order.

Following the dismissal of the applicant's motion for the release of an audio recording and to strike a reference in an affidavit, the court determined the issue of costs.

The successful respondents, represented by a community legal clinic, sought $500 each.

The applicant opposed, arguing the respondents' counsel used an assumed name and failed to provide dockets.

The court found the requested amounts nominal and appropriate, ordering the applicant to pay $500 in costs to each respondent.

The appellant appealed a Small Claims Court decision dismissing his claims against his former law partner and an accountant following the dissolution of their partnership.

The appellant alleged his former partner breached the dissolution agreement and colluded with the accountant to deprive him of his share of assets.

The Divisional Court applied the standard of palpable and overriding error and found that the Deputy Judge's factual findings, which preferred the respondents' evidence, were fully supported by the record.

The appeal was dismissed.

The appellant appealed a Small Claims Court decision regarding a contract for the purchase of a bicycle and related services.

The trial judge had ordered specific performance and rescission as remedies.

On appeal, the Divisional Court held that the Small Claims Court lacks jurisdiction to grant equitable relief, such as specific performance or rescission, unless it is in the form of a money judgment or the return of personal property within its monetary limit.

The appeal was allowed in part, setting aside the equitable remedies and substituting a money judgment of $16.97 for discounted accessories.

The applicant brought a motion to expedite the hearing of his application, which sought a determination of the Ombudsman's jurisdiction to review the hiring process for the next OPP Commissioner.

The applicant argued urgency based on public concern and the potential compromise of the OPP's integrity if the new Commissioner assumed his role before the review.

The court dismissed the motion, finding no urgency that justified displacing other scheduled matters, noting that the Ombudsman's authority is limited to reporting and cannot prevent the appointment.

The appellant franchisor appealed a Master's order staying its application for declarations regarding the termination of a franchise agreement.

The Master had concluded that Ontario lacked jurisdiction or, alternatively, that Saskatchewan was the clearly more appropriate forum.

The Divisional Court upheld the Master's decision, finding no palpable and overriding error in the factual findings regarding the franchisor's regional office in Saskatchewan.

The court also affirmed that the territorial connection to Ontario was weak, as the conduct underlying the dispute occurred in Saskatchewan, where the respondents operated the franchise.

The appeal was dismissed.

The appellants appealed a Small Claims Court judgment ordering them to pay $1,300 in debt and $5,000 in punitive damages.

The appellant lawyer had sent emails threatening the respondent with criminal prosecution for fraud in relation to a civil dispute over physiotherapy fees.

On appeal, the appellants argued the trial judge erred by admitting privileged settlement conference communications and by awarding punitive damages.

The Divisional Court dismissed the appeal, finding the admission of the settlement communications did not taint the trial and the lawyer's threats of criminal prosecution were reprehensible conduct justifying punitive damages.

The appellants were successful in their appeal, which resulted in an order for a new trial before a different Deputy Judge.

They sought costs of the appeal in the amount of $7,266.21.

The respondent argued that costs should be in the cause of the action to be re-tried.

The court rejected the respondent's argument, finding that the respondent bore responsibility for the issue that necessitated the new trial by tendering an unsworn and unsigned letter as evidence.

Applying the principle of proportionality, the court fixed the costs of the appeal at $5,000 all-inclusive.