Sam Hargreaves

Self-represented plaintiffs brought a medical malpractice action arising from the care and treatment of their son at Thunder Bay Regional Health Sciences Centre in November 2009.

The defendants brought motions for summary judgment to dismiss the claims against Dr. Jagger, Dr. Nigro, and the Hospital on the basis that the plaintiffs had no expert evidence to support allegations of negligence.

The court granted the motions, finding that the plaintiffs failed to provide expert evidence establishing the standard of care, breach of that standard, and causation.

The court awarded costs to the successful defendants.

The plaintiff, having partially succeeded in her wrongful dismissal action, sought costs.

The defendant argued its earlier offer to settle engaged Rule 49.10, entitling it to costs from the offer date.

The court found the defendant's offer did not trigger Rule 49.10 due to an uncertain release condition, following D'Anscenzo v. Nichols.

Despite divided success, the plaintiff was deemed the successful party.

However, due to significant divided success (failure to prove damages for loss of book of business) and the plaintiff's rejection of a near-mirror offer, her costs were significantly reduced.

The court awarded the plaintiff 30% of her partial indemnity costs, totaling $72,000.00.

The appellant sought a review of a single judge's order refusing to stay a case management judge's order pending appeal and refusing to stay other proceedings.

The respondents brought a motion to quash the appeal for lack of jurisdiction.

The Court of Appeal dismissed the appellant's request for review, finding no error in the motion judge's application of the stay principles, particularly regarding the lack of a serious issue given the case management judge's lack of jurisdiction to grant criminal declarations in a civil action.

The Court also granted the respondents' motion to quash the appeal, confirming that the case management judge's order was interlocutory and thus appealable to the Divisional Court, not the Court of Appeal.

The plaintiff, a 54-year-old investment advisor with 24 years of service, was dismissed without cause.

During discovery, the defendant learned the plaintiff had copied confidential client emails to a personal USB key and alleged after-acquired cause.

The court found the misconduct was a lapse in judgment that did not warrant dismissal.

The court awarded a 24-month notice period and damages for lost commissions.

However, the court dismissed the plaintiff's claims for damages for the lost opportunity to sell her book of business, finding she failed to prove she would have retired and sold it during the notice period, and dismissed her claim for bad faith damages.