Rolland E. Hedges

The plaintiff brought a motion to amend his statement of claim to remove his mother as a defendant and add her as a plaintiff, with himself acting as her litigation guardian.

The defendant brother opposed the motion, arguing the plaintiff was not an appropriate litigation guardian due to a conflict of interest and an acrimonious relationship.

The court found that the mother was a party under disability requiring a litigation guardian.

The court also held that the plaintiff was an appropriate litigation guardian, as he had no interest adverse to his mother and the level of acrimony did not interfere with his ability to act in her best interests.

The motion to amend the statement of claim was allowed.

The appellant law firm acted for the purchaser in a commercial real estate transaction.

After closing, the purchaser discovered a 0.3 metre reserve on the property that required a significant cost recovery payment to the municipality for road access.

The purchaser successfully sued the law firm for negligence.

On appeal, the law firm challenged the negligence finding and the dismissal of its cross-claim against the vendor for contribution and indemnity.

The Court of Appeal dismissed the appeal, finding that the law firm failed to properly investigate the access issues raised by the reserve, and that the vendor had no legal or equitable obligation to disclose the unregistered cost recovery agreement.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Cabaret Canada for serving a drunken patron and failing to properly post a suspension placard.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.