Civil Litigation - Plaintiff - ODC

The moving party brought a motion for leave to appeal an order dated October 7, 2022.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party fixed at $3,000.

The appellants appealed an associate judge's order dismissing their action for delay at a status hearing under Rule 48.14.

The delay was primarily caused by the appellants' trial counsel inadvertently missing the mandatory mediation requirement, which prevented the filing of the trial record before the five-year deadline.

The Divisional Court allowed the appeal, finding that the associate judge committed palpable and overriding error by treating the missed mediation as a mere technical misstep and failing to consider the overall justice of the case, especially given the lack of prejudice to the respondents and the fact that the action was brought to enforce a $12,000,000 default judgment.

The appellants appealed an associate judge's order dismissing their motion to vary a timetable and dismissing their counterclaim for delay.

The associate judge had previously granted a final, peremptory extension to set the action down for trial, which the appellants failed to meet.

The Divisional Court found no palpable and overriding error in the associate judge's factual findings that the appellants engaged in a pattern of conduct that delayed the proceedings and lacked a reasonable explanation for failing to comply with the peremptory deadline.

The appeal was dismissed with costs.

The moving party brought a motion to adduce six items of additional evidence in her application for judicial review of a decision by the Office of the Independent Police Review Director (OIPRD).

The underlying application concerned the OIPRD's review of a police conduct complaint regarding an allegedly unlawful arrest for criminal harassment.

The Divisional Court applied the Keeprite principles for admitting new evidence on judicial review.

The court allowed the motion in part, admitting two documents that were potentially relevant to the issues on review, while excluding four documents that were either irrelevant or already in the record.

The moving parties sought leave to appeal a costs order made by Shaw J. on September 14, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $3,000 all-inclusive to the responding party.

The moving parties sought leave to appeal the order of Gilmore J. dated November 18, 2021.

The Divisional Court dismissed the motion for leave to appeal in writing, awarding costs to the responding parties in the all-inclusive amount of $7,500.

The appellant brought a motion for leave to appeal a prior order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the all-inclusive amount of $1,500.

The moving parties brought a motion for leave to appeal the order of Penny J. dated January 28, 2022.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties in the fixed amount of $5,000.

The appellant contractor appealed a summary judgment decision enforcing a stipulated remedy in a mediated settlement agreement.

The settlement required the appellant to remediate construction deficiencies by a deadline, failing which $30,000 held in court would be forfeited to the respondent.

The motion judge found the appellant failed to remediate the deficiencies and declined to grant relief from forfeiture.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's characterization of the clause as a forfeiture rather than a penalty, nor in her conclusion that enforcing the forfeiture was not unconscionable.

The moving party brought a motion for leave to appeal an order dated November 4, 2021.

The Divisional Court dismissed the motion for leave to appeal.

No costs were ordered as no costs outlines were provided.

The moving parties brought a motion for leave to appeal the order of Speyer J. dated October 29, 2021.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the responding party in the agreed amount of $2,825.

The respondent doctor brought a motion for an extension of time to appeal an order granting the Ontario Trial Lawyers Association (OTLA) intervenor status in a judicial review application.

The underlying application concerned a regulatory decision regarding the doctor's access to a former patient's medical records.

The Divisional Court granted the extension of time, finding the short delay was reasonably explained by counsel's inadvertence.

On the merits, the court set aside the intervenor order, concluding that OTLA's proposed submissions would be duplicative of the applicant's and that the matter was primarily a private regulatory dispute.

The appellant appealed a decision refusing to certify her class proceeding for breach of fiduciary duty against her investment advisors.

The appellant argued that the advisors' professional rules and codes of ethics established a fiduciary relationship on a class-wide basis.

The Divisional Court dismissed the appeal, holding that an ad hoc fiduciary duty between a financial advisor and a client requires a multi-factor, case-by-case analysis, and cannot be established solely based on professional rules and ethical codes.

The self-represented appellant's appeals were dismissed as frivolous, vexatious, and an abuse of process under Rule 2.1.01.

The appellant had previously been given notice that the court was considering dismissing his appeals because the underlying order had already been set aside.

Following abusive communications from the appellant, the court issued the formal dismissal order and directed that any future communications from the appellant be vetted by an administrative judge to protect court staff.

The appellant appealed the dismissal of her motion for certification of a class proceeding arising from a data breach involving the respondents and Cambridge Analytica.

The motion judge had denied certification on the basis that there was no evidence that Canadian users' data had actually been shared with Cambridge Analytica, failing the common issues requirement under the Class Proceedings Act.

The Divisional Court dismissed the appeal, finding that the motion judge properly applied the certification test, did not require the appellant to prove loss at the certification stage, and made no palpable and overriding error in his assessment of the evidence or interpretation of the carriage orders.

The appellant owner appealed a summary judgment decision awarding the respondent construction manager its share of cost savings under a construction management contract.

The appellant argued the motion judge erred in her interpretation of the contract, her refusal to strike an affidavit, and her finding that the cost savings were lienable under the Construction Lien Act.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's contractual interpretation or her conclusion that cost savings constitute a lienable service.

The moving parties, Her Majesty the Queen in Right of Ontario and Joel Breault, brought a motion for leave to appeal an order of Croll J. dated September 24, 2021.

The Divisional Court dismissed the motion for leave to appeal.

Costs were fixed at $2,500 for the Landry plaintiffs and $2,500 for the Davies defendants, payable by the moving parties.

The moving parties brought a motion for leave to appeal the order of MacNeil J. dated November 16, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the fixed amount of $7,217.88.

The defendants and plaintiffs both brought motions for leave to appeal an order regarding the admissibility of evidence in a civil contempt proceeding.

The Divisional Court granted leave to appeal on four issues concerning the application of sections 7 and 13 of the Canadian Charter of Rights and Freedoms to evidence compelled pursuant to a Mareva order and undertakings.

The court directed that the defendant be the appellant and the plaintiffs be the cross-appellants.

The moving party brought a motion for leave to appeal an earlier order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.