Susan Bridget Keenan

In a constitutional compliance review arising from Robinson-Superior Treaty augmentation litigation, the moving parties challenged both the Crown's engagement process and the compensation amount set after negotiations failed.

The court held that although aspects of engagement, including late disclosure of reliance on per-capita benchmarking against a related treaty settlement, caused serious relational harm, the reviewing role required deference to a range of honourable discretionary outcomes.

Applying a sui generis review framework grounded in honour of the Crown and reconciliatory justice, the court concluded the Crown's ultimate compensation determination of $3.6 billion plus agreed costs was justified in the legal and factual context.

The court therefore declined to intervene in the compensation decision while also addressing allocation issues between federal and provincial Crown responsibility in the reasons.

The Attorney General of Ontario sought the forfeiture of $270,313 as proceeds of crime under the Civil Remedies Act, 2001, following a police seizure during an investigation into an illegal gambling operation.

The money was found in the bedroom of Dimitri Kellesis, who contended it comprised his parents' life savings and his legitimate earnings.

The court found Kellesis's explanation for his presence at the gambling location and the source of most of the funds not credible.

However, it accepted that $75,000 of the seized amount represented legitimate savings belonging to his mother.

The court also ruled that police opinion evidence, without expert qualification, was inadmissible for proving proceeds of crime on a balance of probabilities.

The application for forfeiture was allowed in part, with the non-Canadian currency returned to Kellesis and $75,000 returned to his mother, while the remaining funds were forfeited.

This endorsement addresses multiple motions related to a Mareva injunction in a class proceeding concerning the 'Freedom Convoy' funds.

The court extended the Mareva injunction with modifications, adjourned motions to dissolve the injunction and amend the statement of claim, and granted a Toronto Dominion Bank interpleader motion to transfer funds to an escrow agent.

The decision also clarified the interplay between the civil Mareva injunction and criminal restraint orders, and addressed issues concerning cryptocurrency seized by police and funds held by a third-party fundraising platform, GiveSendGo LLC.

The court emphasized the importance of keeping separate proceedings distinct while managing related matters.

Following a successful motion dismissing the action, the defendant sought partial indemnity costs of $25,292.42.

The plaintiffs argued that no costs should be awarded or, alternatively, that costs should be limited to $5,000, asserting that many steps taken by the defendant were unnecessary and that the governing jurisdictional authority evolved after the action commenced.

The court applied s. 131(1) of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, emphasizing that costs must be fair and reasonable.

Considering the complexity of the motion, the conduct of counsel during cross-examinations, and the fact that the motion resolved the entire action, the court reduced the requested amount.

Costs were fixed at $15,000 payable to the successful defendant.

Ontario-resident plaintiffs sued a London hotel in Ontario after a slip and fall in a hotel bathroom during a vacation in the United Kingdom.

The defendant hotel moved to dismiss the action for lack of jurisdiction.

Applying the presumptive connecting factors set out in Club Resorts Ltd. v. Van Breda, the court held there was no real and substantial connection between Ontario and the dispute.

The hotel had no office, employees, or targeted marketing in Ontario, and the mere fact that the hotel could be booked through a Canadian travel rewards website did not establish that it carried on business in the province.

The court also found that no contract connected with the dispute was formed in Ontario.