Stuart Aird

The defendant, 1692038 Ontario Ltd. (Dino’s No Frills), was charged under the City of Toronto Municipal Code for refusing to permit a person with a service animal to remain in their food premises.

The service animal, Odin, was not wearing a visual identifier.

The court focused on whether documentation confirming the need for a service animal was provided by the complainant.

Due to inconsistencies in witness testimony regarding the provision of this documentation, the court applied the R. v. W.(D.) credibility analysis and found that the prosecution failed to prove beyond a reasonable doubt that the required documentation was not provided.

Consequently, the charge was dismissed.

This is a costs endorsement following a motor vehicle accident trial where the plaintiff, Yolanda Girao, was unsuccessful in her claim for non-pecuniary damages against Lynn Cunningham due to failing to meet the statutory threshold, and her claim for past loss of income was reduced to zero.

The jury found Cunningham 100% at fault, leading to the dismissal of the action against Allstate Insurance Company of Canada.

Cunningham sought costs against Girao, and Allstate sought costs against Cunningham (via a Sanderson order) or, alternatively, against Girao.

The court awarded Cunningham costs against Girao on a partial indemnity scale.

The court also granted a Sanderson order, requiring Cunningham to pay Allstate's costs on a partial indemnity scale, finding that Cunningham's position regarding an unidentified motorist compelled the plaintiff to sue Allstate, and Cunningham failed to shift responsibility.