Shauna Breanne Cant

The plaintiff sought costs on a substantial indemnity basis after successfully responding to the defendants' unsuccessful motion for summary judgment.

The defendants argued for partial indemnity costs of $10,000.

The court found that while the defendants acted unreasonably in bringing their motion, the plaintiff's own evidence had deficiencies and they abandoned their request for summary judgment in their favour.

Consequently, the court awarded costs on a partial indemnity basis, fixing the amount at $21,966.36, after adjusting hourly rates, percentages, and disallowing certain disbursements.

No costs were awarded for the costs submissions due to deficiencies in both parties' filings.

The defendants, Sarazen Realty Inc., Colin Sarazen, and Keith Sennett, brought a motion for summary judgment to dismiss the plaintiff Gerald McClelland's action for commission payment, unjust enrichment, and negligence related to a property sale.

The court found that McClelland's claims raised genuine issues requiring a trial, citing significant deficiencies and credibility issues in the defendants' affidavit evidence, including reliance on opinion evidence, hearsay, and improper "adoption" of evidence.

The court determined that these issues could not be resolved through the enhanced powers of summary judgment or a mini-trial.

The College of Audiologists and Speech-Language Pathologists of Ontario brought disciplinary proceedings against a member for engaging in a sexual relationship with a former patient shortly after their therapeutic relationship ended.

The member admitted to the allegations and the panel found she engaged in professional misconduct.

The panel accepted a joint submission on penalty and costs, ordering a public reprimand, a four-month suspension (with three months remitted upon completion of an ethics and boundaries remediation program), a two-year monitoring period, and $5,000 in costs.

The panel noted the member's cooperation, lack of prior disciplinary history, and proactive completion of the remediation program as mitigating factors.

The College of Audiologists and Speech-Language Pathologists of Ontario brought disciplinary proceedings against a member for engaging in a sexual relationship with a former patient shortly after their therapeutic relationship ended.

The member admitted to the allegations and the panel found she engaged in professional misconduct.

The panel accepted a joint submission on penalty and costs, ordering a public reprimand, a four-month suspension (with three months remitted upon completion of an ethics and boundaries remediation program), a two-year monitoring period, and $5,000 in costs.

The panel noted the member's cooperation, lack of prior disciplinary history, and proactive completion of the remediation program as mitigating factors.