Simon Gollish

This is a class action settlement approval motion involving sexual assault and voyeurism by a physician at a university health clinic.

The representative plaintiffs sought court approval of a $21,050,000 settlement on behalf of a class of approximately 150-200 patients who were photographed, videotaped, and/or sexually assaulted without their knowledge or consent.

The settlement was reached after extensive negotiations including mediation and three days of judicial pre-trial conferences.

The court approved the settlement as fair, reasonable, and in the best interests of the class members, addressing concerns about the claims process, trauma-informed procedures, honoraria for representative plaintiffs, legal fees, and various disbursements.

The court denied the defendants' motion to adjourn a scheduled trial pending the outcome of a Workplace Safety and Insurance Appeals Tribunal (WSIAT) application.

The court found that the defendants delayed bringing the application and that the interests of justice, including the plaintiff's need for timely resolution and access to treatment, outweighed the defendants' arguments.

The court ordered the trial to proceed as scheduled and awarded costs to the plaintiff.

The court granted a motion to remove D. Kenneth Gibson and Gibson LLP as counsel of record for Wildpine Residence Inc. in a construction lien proceeding, due to Mr. Gibson's role as a key material witness at trial.

The decision addresses the conflict between a lawyer's role as advocate and as witness, and the need to preserve the integrity of the trial process.

The court found that the interests of justice required the removal of Mr. Gibson and his firm, and ordered Wildpine Residence Inc. to appoint alternative counsel within 60 days.

The court granted an extension of an interim interlocutory and mandatory order restraining the transfer, access, and use of the internet domain "ditlabs.io" pending the outcome of the action.

The decision addresses the requirements for a Mareva injunction, including the presence of a strong prima facie case, irreparable harm, and the balance of convenience.

The court found that KNNX Corp. had established a strong prima facie case that it was the rightful owner of the domain, that there was a risk of irreparable harm if the injunction was not extended, and that the balance of convenience favoured the plaintiff.

The order was granted to preserve the status quo and prevent dissipation of the domain asset.

The applicant landlord sought an order declaring that the respondent tenant failed to validly exercise an option to release a portion of its leased premises.

The lease required the tenant to provide written confirmation from the federal government of a loss of expected funding by a specific date to exercise the option.

Due to the COVID-19 pandemic, the government delayed its budget and the tenant could not provide the required confirmation by the deadline.

The court held that the tenant's purported exercise of the option was invalid, as the lease allocated the risk of funding uncertainty to the tenant.

The court also rejected the tenant's arguments of frustration and relief from forfeiture, ordering the tenant to pay substantial indemnity costs.

The defendant bank requested an administrative dismissal of the self-represented plaintiff's action under Rule 2.1.01 of the Rules of Civil Procedure, arguing it was frivolous, vexatious, and an abuse of process.

The court noted deficiencies in the statement of claim but recognized a legitimate cause of action might be buried within.

The court stayed the action and directed the registrar to issue a notice allowing the plaintiff to provide written submissions before determining whether the claim should be struck.