Stephanie Sugar

This is a costs endorsement following the dismissal of an appeal.

The Court of Appeal for Ontario awarded all-inclusive costs of $200,000 to the successful respondent, Ontario First Nations (2008) Limited Partnership, against the appellants, Ontario Lottery and Gaming Corporation and Her Majesty the Queen in right of Ontario.

The decision considered that this was the second level of appeal, the issues involved, and the respondent's success.

This is an appeal from a Superior Court decision upholding an arbitration award.

The arbitration panel found that Ontario and OLG breached a Gaming Revenue Sharing and Financial Agreement with the First Nations Partnership by unilaterally stopping payments of non-gaming revenue and complimentary services ("Comps") after outsourcing non-gaming amenities.

The Court of Appeal dismissed the appeals, affirming the lower court's decision that the Agreement was breached and the damages awarded were appropriate.

The court declined to rule on the standard of review for commercial arbitration decisions post-Vavilov, finding the outcome would be the same under either standard, and also declined to address the "honour of the Crown" doctrine as it was not determinative.

Following the successful dismissal of a medical malpractice action on summary judgment due to the expiry of the limitation period, the defendants sought their costs.

The court awarded partial indemnity costs to the defendant doctor, finding the amounts claimed reasonable and proportionate.

The defendant clinic was awarded substantial indemnity costs from the date of its offer to settle, as the plaintiffs' continued opposition to the motion was unreasonable given their failure to produce an expert report.

The defendants, a doctor and a medical centre, moved for summary judgment to dismiss a medical negligence action, arguing it was statute-barred and lacked expert evidence.

The plaintiffs sought a further adjournment, claiming COVID-19 travel restrictions prevented them from obtaining necessary evidence from Nigeria.

The court denied the adjournment, finding the plaintiffs' reasons vague and the sought evidence irrelevant to the limitation period or the Canadian standard of care.

The court granted summary judgment, dismissing the action, concluding there was no genuine issue for trial regarding the limitation period and the absence of a qualified expert report.

The defendant brought a motion for leave to appeal a decision regarding the possibility of a jury trial.

The Divisional Court dismissed the motion with costs fixed at $5,000, noting that the defendant could renew the motion before the Superior Court of Justice if a jury trial could not proceed in May 2021.

The defendant physician in a medical malpractice action moved to strike the jury notice due to trial delays caused by the COVID-19 pandemic.

The defendant argued that the 11-year delay and the stress of preparing for trial multiple times warranted proceeding by judge alone virtually.

The plaintiff opposed, citing significant physical and technological challenges with participating in a virtual trial due to his catastrophic spinal cord injuries.

The court dismissed the motion, finding the defendant failed to prove justice would be better served by dispensing with the jury, and adopted a 'wait and see' approach given the anticipated resumption of civil jury trials.

The Member, a music teacher, faced allegations of professional misconduct for verbally and psychologically abusing students, including yelling, using sarcasm, slamming doors, and shaming a student for drinking chocolate milk.

The Member pled guilty to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct and accepted a Joint Submission on Penalty, ordering a reprimand and the completion of a course in anger and classroom management.

The Ontario College of Teachers brought discipline proceedings against a member for professional misconduct involving verbal and physical abuse of students.

The member pleaded no contest to allegations that he yelled at students, made threatening comments, and engaged in inappropriate physical contact, including pulling a chair out from under a student.

The Discipline Committee found the member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a two-month suspension of the member's certificate, and the completion of coursework in classroom and anger management.

The Ontario College of Teachers commenced a discipline proceeding against the member.

The member did not attend the electronic hearing but submitted a written request to adjourn the proceedings until an in-person hearing could be held.

The Discipline Committee denied the member's motion and proceeded electronically.

Due to time constraints, the College requested an adjournment to complete its case, which was granted.

The College also brought a motion to impose interim terms and conditions prohibiting the member from teaching until the hearing concluded.

After reviewing written submissions from both parties, the Committee denied the College's motion for interim terms.

A written decision with reasons was to follow.

The Discipline Committee of the Ontario College of Teachers found the member engaged in professional misconduct by failing to maintain appropriate professional boundaries with students.

Following a joint submission on penalty, the Committee ordered that the member receive a reprimand, complete a pre-approved course on professional boundaries, and serve a one-month suspension of his Certificate of Qualification and Registration.

A trial management conference was held to provide directions for an upcoming 10-day virtual trial.

The action was proceeding against only one defendant, the others having been dismissed.

The court provided directions regarding the use of a shared document folder, the preparation of trial materials including an Agreed Statement of Facts and Joint Document Book, and the completion of a Report to Trial Judge.

The court also scheduled a practice run for the virtual platform and provided guidance on managing exhibits and video presence during the trial.

The appellants, Ontario Lottery and Gaming Corporation and Ontario, appealed an arbitration decision that found they breached the Gaming Revenue Sharing and Financial Agreement (GRSFA) by ceasing to share certain non-gaming and complimentary revenues with the respondent, Ontario First Nations (2008) Limited Partnership.

The Superior Court of Justice dismissed the appeal, holding that the standard of review for commercial arbitrations remains reasonableness post-Vavilov.

The court found the arbitration panel's contractual interpretation was reasonable, firmly rooted in the agreement's text and surrounding circumstances, and that the honour of the Crown doctrine was correctly applied to the government-to-government agreement.

The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations against the Member set out in a Notice of Hearing.

The Member consented to the motion.

The Discipline Committee granted the motion, noting that the Member's case had already been dealt with by another Committee of the College, making the withdrawal reasonable and in the public interest.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct involving her interactions with deaf students.

The member admitted to exhibiting anger and frustration, being rough and abrasive, and engaging in emotionally abusive conduct toward students, including pulling a safety ring away from a student and aggressively handling another.

The Discipline Committee accepted the member's guilty plea, finding her guilty of psychological or emotional abuse, failing to comply with the Education Act, and engaging in disgraceful, dishonourable, and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a one-month suspension of her certificate, and the successful completion of anger management and classroom management courses.

The Member, a teacher, pleaded no contest to allegations of professional misconduct after she left her class unsupervised with a student teacher to go to Tim Hortons, and upon returning, threw a book that hit a student.

The Discipline Committee found her guilty of professional misconduct, including physical abuse and failure to supervise.

The Committee accepted a joint submission on penalty, ordering a reprimand, a one-month suspension, and the completion of a course on effective student discipline, noting the Member's prior disciplinary history for similar conduct.

The Ontario College of Teachers brought a discipline proceeding against an occasional teacher for making inappropriate and belittling comments to students, refusing to allow an injured student to seek first aid, and leaving a classroom unsupervised.

The Member did not attend the hearing but sent numerous abusive emails to the College.

The Discipline Committee found the Member engaged in professional misconduct, including verbal and psychological abuse, failing to maintain professional standards, and failing to supervise.

The Committee ordered a reprimand, a 14-week suspension, and completion of coursework on boundaries and classroom management.

The Committee also awarded $12,500 in costs against the Member due to his vexatious and harassing conduct during the proceedings.

The Discipline Committee found that the Member engaged in professional misconduct relating to boundary violations and classroom management.

The Member did not attend the hearing.

The Committee ordered a reprimand, a 14-week suspension of the Member's Certificate of Qualification and Registration, and imposed terms and conditions requiring the completion of courses on maintaining appropriate boundaries and classroom management.

The Member was also ordered to pay $12,500 in costs to the College.

The Member, a teacher, faced a discipline hearing for making inappropriate and belittling comments to a student and failing to provide proper assistance.

The parties submitted an Agreed Statement of Facts and Guilty Plea.

The Discipline Committee found the Member guilty of professional misconduct, including verbal abuse and failing to maintain the standards of the profession.

Accepting a joint submission on penalty, the Committee ordered a reprimand and required the Member to complete a course on classroom management and professional communication.

A corn grower who neither purchased nor planted genetically modified corn seed brought a proposed class action against the seed manufacturer for negligence, negligent misrepresentation, and breach of the Competition Act.

The manufacturer had commercialized the seed in North America before obtaining approval in China.

The seed's traits commingled with all North American corn, causing China to ban all North American corn imports, resulting in a market glut and price collapse.

The motion judge struck all claims.

The Court of Appeal allowed the appeal in part, reinstating the negligence claim for premature commercialization while upholding dismissal of the misrepresentation and Competition Act claims.

A land surveying company brought a class action on behalf of Ontario land surveyors whose plans of survey had been digitized, stored, and copied by the province's electronic land registry service provider without payment of royalties.

The appellant argued that Crown copyright under s. 12 of the Copyright Act did not vest in the registered and deposited plans.

The majority held that the comprehensive provincial land registration regime gave the Crown complete control over the publication process, satisfying the requirements of s. 12.

A concurring minority agreed on the outcome but adopted a different interpretive framework, requiring both that the work be published 'by or under the direction or control' of the Crown and that the work qualify as a 'government work' serving a public purpose.

The appeal was dismissed without costs.