Civil Litigation - Plaintiff - SCJ

The court approved a proposed settlement and certified the action for settlement purposes under the Class Proceedings Act, 1992.

The class consists of approximately 100 investors in a failed real estate limited partnership project.

The settlement restores the class members’ proportionate interest in the property, now with greater development density and less debt, and is considered generous.

The court found the settlement fair, reasonable, and in the best interests of the class, and approved class counsel’s fees.

The action will continue only as between the defendants for unresolved crossclaims.

This costs endorsement addresses the Plaintiff's entitlement to costs following an unsuccessful motion by the Defendants to amend the certification of a class action.

The court awards the Plaintiff $150,000 in costs, finding the Defendants' objections unpersuasive, particularly in the absence of their own Bill of Costs for comparison.

The court commends Plaintiff's counsel, especially Ms. Nayerahmadi, for effective advocacy.

The court considered a motion for default judgment brought by the plaintiff, Ranjani Venkataramani, against Abdulla Abdul Fatah, 5053767 Ontario Inc. (operating as Apolo and Co.), John Doe Construction Corp, and Golden Seal Construction Corp. The plaintiff sought damages for breach of contract, breach of the Consumer Protection Act, negligence, negligent misrepresentation, and punitive damages arising from a failed home renovation.

The court granted partial default judgment for $80,000 against Apolo and the same amount jointly and severally against Apolo and Mr. Fatah under the Consumer Protection Act, but declined to award further damages for delay, lost rental income, additional interest, or punitive damages due to insufficient evidence.

The court also clarified the limited circumstances in which corporate officers can be held personally liable.

The plaintiff, Rose Marie Sprowl, slipped and fell on ice in the parking lot of Bridgeport Plaza in Waterloo, Ontario, suffering a hip fracture.

She alleged that the defendants, as occupiers of the plaza, failed in their duty under the Occupiers' Liability Act to keep the premises reasonably safe.

The court found that the winter maintenance contractor, Clintar, failed to adequately monitor, salt, and inspect the parking spaces, and that the owner, First Capital, failed to ensure the work was properly done.

Both were found liable for the plaintiff’s injuries.

The court rejected arguments of contributory negligence and found the defendants 100% responsible for damages.

The court found for the plaintiff, Hossein Amini-Kouchesfahani, in his civil action against the Toronto Police Services Board for battery and breach of his Charter rights after he was forcibly removed from his taxi and taken to the ground by police.

The court held that the initial stop was lawful, but the subsequent use of force was excessive and unjustified.

The plaintiff was awarded general, aggravated, special, and punitive damages.

This decision addresses whether the owner of a vehicle (Floyd Thomas) provided implied consent to his son (Robert Thomas) to possess and operate the vehicle, which was involved in a serious accident.

The court found that there was no implied consent, based on clear evidence that Robert knew he did not have permission, and that Floyd had a consistent history of restricting access.

The court declined to dismiss the action entirely, as other negligence issues remained for trial.

The decision concerns a claim by Monique Miller and Michel Desjardins against Jacques Lajoie, a home inspector, and his company, for negligence and negligent misrepresentation in the conduct of a pre-purchase home inspection.

The court found that Mr. Lajoie failed to meet the standard of care required of a reasonable and prudent home inspector, particularly in failing to report in writing on significant, visible deficiencies in the foundation, roof, and windows.

The plaintiffs reasonably relied on the inspection report in deciding to purchase the property and suffered damages as a result.

The court awarded damages for the cost of repairs to the foundation, roof, and a portion of the windows and doors.

The court considered costs following a trial in which the plaintiff, Domenic Gesualdi, succeeded in proving breach of contract and negligence against the defendants regarding the rebuilding of two vintage Ferrari engines.

The court fixed costs payable by the defendants to the plaintiff at $300,000 and to the third parties at $279,950.91, rejecting the defendants’ arguments for costs in their favour and their attempt to shift third party costs to the plaintiff.

The decision reviews the principles for fixing costs, including proportionality, reasonableness, and the impact of settlement offers.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant, Brian Webster.

The plaintiffs were awarded substantial indemnity costs due to the egregious nature of the defendant's conduct and the failure to accept reasonable offers to settle.

The court found the plaintiffs' costs reasonable and rejected the defendant's arguments for lower costs, emphasizing the importance and complexity of the proceedings and the impact on the drag community.

The plaintiffs, Muhammad and Naseem Farid, sued their former solicitor, Gerald Byron Brunt, for negligence, breach of fiduciary duty, breach of good faith, and breach of statutory duty after a failed real estate transaction.

The court found that the plaintiffs did not have the funds to close the transaction and that the defendant was not responsible for the failure.

The court rejected the plaintiffs' evidence as inconsistent and unsupported by documentary evidence, and found the expert evidence provided by the plaintiffs to be partial and unreliable.

The action was dismissed, and even if liability had been found, damages would have been limited to $1,400.

The court considered whether the defendant could question experts about the effect of bicycle helmet use on the plaintiff’s injuries, where no expert had opined on the issue in their reports.

The court held that, in the absence of expert evidence specific to the case, statistical evidence about helmet efficacy was inadmissible and potentially prejudicial.

The defendant was precluded from questioning experts on this issue, and the jury would be instructed accordingly.

The court approved a $30 million settlement in a class action brought by shareholders of Aphria Inc. against the company and two of its officers, alleging misrepresentations in public disclosures about major business acquisitions.

The settlement was reached on the eve of trial after extensive discovery and negotiation, with the court finding the terms fair and reasonable given the risks of trial and potential insolvency proceedings.

The court also approved class counsel fees, disbursements, a levy to the Class Proceedings Fund, and an honorarium for the representative plaintiff.

The court dismissed the defendant’s anti-SLAPP motion under section 137.1 of the Courts of Justice Act, finding that Facebook posts made by the defendant accusing the plaintiffs of corruption and bribery were not protected as fair comment.

The posts, which followed a controversial development approval in Niagara-on-the-Lake, were found to be based on falsehoods and reckless disregard for the truth, with the defendant admitting he had “no proof” for his accusations.

The court held that the harm to the plaintiffs’ reputation and business interests outweighed the public interest in protecting the defendant’s expression, and that the posts were motivated by an ulterior motive to thwart the plaintiffs’ development project.

The court dismissed MC Mines Inc.'s motion to set aside service and stay a third-party claim brought by Best International Cargo Inc. in Ontario.

The dispute arose from damage to mining equipment during transport from Quebec to Montreal, with MC Mines arguing that Ontario lacked jurisdiction and that Quebec was the more appropriate forum.

The court found a real and substantial connection to Ontario, as the main contract was formed there, and held that the action should proceed in Ontario to avoid multiplicity of proceedings.

The plaintiff, John Shane, sought damages from Ontario Aboriginal Housing Support Services Corporation (OAHS) for property damage caused by a fire in a rental unit leased to OAHS clients.

Shane claimed OAHS had orally agreed to cover all property damage caused by its clients, or, in the alternative, that OAHS was negligent in supporting the tenants.

The court found no oral contract existed, as there was no meeting of the minds or clear promise by OAHS to cover all damages.

The court also found no evidence of negligence by OAHS.

The claim was dismissed.

This costs endorsement addresses the appropriate scale and quantum of costs following a jury trial in a fatal motor vehicle accident case.

The court reviews the application of the Victims’ Bill of Rights, the reasonableness of the costs claimed, the effect of contingency fee agreements, and the impact of offers to settle.

Substantial indemnity costs are awarded throughout, reduced by 5% for contributory negligence, resulting in a total award of $490,368.86 to the plaintiffs.

The defendants moved for an order compelling the plaintiff to attend a psychological assessment and for leave to serve the resulting report after the expert report deadline, in the context of a personal injury action arising from a 2017 motor vehicle collision.

The court granted the motion, finding that both parties bore responsibility for the lack of an expert report schedule and that fairness required the defendants be permitted to respond to the plaintiff’s psychological claims.

The court also granted leave for late service of the report, provided it was served by April 4, 2025, and encouraged the parties to resolve costs.

The court dismissed a defamation action brought by UM Financial Inc., Omar Kalair, and Yusuf Panchbhaya against Ronald Butler and Butler Mortgage Inc. The plaintiffs alleged that a social media post by Mr. Butler defamed them by referencing a halal mortgage organization that "ripped off its clients years ago & embezzled people’s money." The court found that UM Financial lacked standing as an undischarged bankrupt, and that the impugned words did not refer to the plaintiffs specifically.

The court also found that the plaintiffs failed to show substantial merit to their claim, failed to show the defendants had no valid defences, and failed to demonstrate that the public interest in allowing the action to proceed outweighed the public interest in protecting the expression.

The action was dismissed under the anti-SLAPP provisions of the Courts of Justice Act.

The plaintiffs, Lloyd Newton and the Estate of Donna Marion, brought an action against the Anishinabek Police Services and related defendants for damages arising from criminal charges laid against them, which were later withdrawn after restitution.

The claims included negligent investigation, malicious prosecution, and a variety of other torts.

The court granted summary judgment for the defendants, finding no genuine issue requiring a trial.

The judge held that most claims were not actionable by the plaintiffs, and that the criminal proceedings did not terminate in the plaintiffs’ favour, precluding claims for malicious prosecution and negligent investigation.

This endorsement concerns a motion for court approval of a proposed settlement affecting minor plaintiffs in a wrongful death claim arising from a fatal motor vehicle accident.

The court found the settlement and counsel fees to be fair and reasonable, and confirmed compliance with Rule 7.08.

The judge commended counsel for their thorough preparation and granted judgment in the agreed form.