Patrick Schindler

The moving party sought leave to appeal a decision dismissing his motion for summary judgment.

The plaintiff had sued the moving party, a lawyer, in negligence for knowingly breaching a Mareva order by paying trust funds to his client.

The motion judge found that the claim raised a potentially novel cause of action that should be determined on a fully developed record at trial.

The Divisional Court agreed, finding that the recent Court of Appeal decision in Combined Air did not change the principle that novel causes of action are best determined at trial, and denied leave to appeal.

The defendants brought a motion for leave to appeal to the Divisional Court from a decision setting aside a Master's order requiring the plaintiff to post security for costs.

The court found that the lower court's brief decision was based on well-settled law and did not raise an issue of significance meriting the attention of the Divisional Court.

The motion for leave to appeal was dismissed with costs awarded to the respondent.

The appellant appealed a decision regarding the jurisdiction of the Superior Court over a claim involving a Band Council and declaratory relief.

During the appeal, the parties agreed to reconcile most of their difficulties and issue a new Statement of Claim focusing on unjust dismissal.

The Divisional Court declined to decide the remaining issue of whether a Band Council member can sue the Band Council, leaving it to be raised against the new pleading if necessary.

No costs were awarded.

The applicants sought judicial review of the Minister of the Environment's approval of Terms of Reference for an environmental assessment regarding a proposed landfill expansion.

The core issue was the interpretation of section 6.1(3) of the Environmental Assessment Act, specifically whether the phrase 'other than' meant 'in addition to' or 'different from' the standard requirements.

The Divisional Court held that 'other than' means 'in addition to', requiring the proponent to fulfill the comprehensive environmental assessment requirements listed in section 6.1(2).

The Minister's decision approving the Terms of Reference was quashed.