Ross Donald George William Rollo

In an addendum on costs following an appeal, the Court of Appeal for Ontario reviewed additional written submissions from the parties regarding the costs of the trial.

The Court was not persuaded to alter the trial judge's original disposition of costs.

The plaintiff, a real estate agent, was wrongfully dismissed and subsequently defamed by his former employer on two separate occasions.

The trial judge awarded damages for defamation but failed to distinguish between the first slander, which was statute-barred, and the second actionable slander.

The Court of Appeal allowed the appeal in part, setting aside the global damages award and substituting an award of $10,000 for the actionable slander.

The Court upheld the trial judge's discretionary costs order, which denied costs to a successful co-defendant and required the unsuccessful defendant to pay the plaintiff's entire costs, due to the defendants' failure to make timely documentary disclosure.

The plaintiff's cross-appeal regarding reimbursement of advertising fund contributions was dismissed.

The appellant mortgage portfolio manager appealed a trial judgment that dismissed its claim for investment losses allegedly caused by a land registry error.

The registry had failed to register a second mortgage against the correct property, which the appellant claimed affected its decision to advance loan money.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the appellant suffered no loss as a result of the registration error and that the appellant got what it bargained for.

Following the release of reasons for judgment, the court received written submissions on costs of the cross-appeal.

On consent of the appellant in the cross-appeal, the court awarded costs of the cross-appeal to the respondents in the cross-appeal on a partial indemnity basis, fixed at $2,000 each.

The plaintiffs, Ontario residents, were injured in a motor vehicle accident in New York State involving a vehicle driven by a New York resident.

The plaintiffs sued in Ontario.

The defendant moved to determine the applicable law.

The Court of Appeal held that the substantive law of New York (lex loci delicti) applies, while the procedural law of Ontario (lex fori) applies.

The Court determined that costs and the cap on non-pecuniary damages are procedural matters governed by Ontario law, whereas pre-judgment interest is a substantive right governed by New York law.