Steven Kelly

The appellants, Olympia Trust Company and William Loucks, appealed a motion judge's order discharging a second mortgage on property owned by the respondents.

The respondents had borrowed funds from First Swiss Mortgage Corp., which assigned the mortgage to Olympia as bare trustee.

When the respondents refinanced and paid out the mortgage to First Swiss, the discharge was never registered and First Swiss misappropriated the funds.

The motion judge found that First Swiss was acting as Olympia's agent in receiving the payout and discharging the mortgage based on the terms of agreements between First Swiss and Loucks and the course of dealings between the parties.

The Court of Appeal upheld this finding, dismissing the appeal and awarding costs to the respondents.

On January 8, 2020, Ukraine International Airlines flight PS752 was shot down by Iranian air defence missiles shortly after takeoff from Tehran, killing all 176 persons aboard.

The trial judge found that UIA breached the standard of care by failing to conduct a proper security risk assessment in accordance with ICAO 10084 (Risk Assessment Manual for Civil Aircraft Operations Over or Near Conflict Zones).

Specifically, UIA failed to access necessary and available information, failed to conduct a hazard identification and safety assessment, and failed to communicate with the flight commander before departure.

As a result, UIA's liability under the Montreal Convention was unlimited rather than capped at approximately $235,000 per passenger.

The appellate court dismissed UIA's appeal, finding no palpable and overriding error in the trial judge's findings of fact or mixed fact and law.

The plaintiffs brought actions against Ukraine International Airlines (UIA) under the Montreal Convention following the shoot-down of Flight PS752 by Iranian military surface-to-air missiles shortly after takeoff from Tehran.

UIA admitted the shoot-down was an 'accident' under the Convention, making it strictly liable, but sought to limit its liability by proving it was not negligent in allowing the flight to depart.

The Superior Court of Justice found that UIA failed to meet the standard of care for a reasonable airline operating in or near a conflict zone, as it did not conduct a proper security threat risk assessment or any safety risk assessment, and failed to gather available intelligence or brief the flight commander.

The court held that UIA failed to prove its negligence did not cause the passengers' deaths or that the harm was too remote, resulting in unlimited liability for the airline.

The applicant sought to enforce a judgment from the District Court of Clark County, Nevada, awarding her USD $157,158.96 for battery.

The respondent did not appear at the Ontario application but had participated in the Nevada trial through counsel.

The court proceeded in the respondent's absence, finding proper service and a deliberate choice not to participate.

The court recognized and enforced the foreign judgment, determining it was final and conclusive, and that the Nevada court properly assumed jurisdiction through both the respondent's attornment and a real and substantial connection (the tort occurred in Nevada).

No valid defences of fraud, lack of natural justice, or public policy were found.

The application was granted, and the Nevada judgment was recognized as an Ontario Superior Court of Justice judgment, with costs of $7,500 awarded to the applicant.

Parkland Corporation, a fuel supplier, sought a declaration that its lease and sublease agreements with Caledon Fuels Inc., a gas station operator, were in full force and effect, and a permanent injunction to prevent Caledon from breaching exclusive supply covenants.

Caledon argued an alleged oral agreement varied the renewal option and that Parkland breached its duty of good faith.

The court found the alleged oral agreement unenforceable due to lack of consideration and the parol evidence rule, and deemed it unbelievable.

The court also found no breach of good faith by Parkland.

Consequently, the court granted the declaration and permanent injunction in favour of Parkland and awarded partial indemnity costs.