Sylvia Corthorn

The court considered a motion for summary judgment by the Family and Children’s Services of Lanark, Leeds and Grenville regarding the status of a child, S.T., under the Child, Youth and Family Services Act, 2017.

The Society sought an order finding that S.T. was not in need of protection in relation to his father, M.T., and requested that M.T. be granted custody and sole decision-making responsibility, with the mother, B.W., to have limited parenting time.

The court reviewed the history of the Society’s involvement, the child’s circumstances, and the legal principles governing summary judgment and status review applications.

The court found that S.T. was not in need of protection regarding M.T., but continued to be in need of protection regarding B.W., and granted the relief sought by the Society.

The court fixes costs following the dismissal of Rachel Obita’s action against Algonquin College.

The College was wholly successful on a motion to strike, resulting in the dismissal of the action.

The College sought costs on a partial indemnity scale.

The court reviewed the bill of costs, reduced certain amounts for work by articling students and a clerk, and fixed total costs payable by Ms. Obita at $35,515.00, plus $1,000 for the costs of the costs submissions.

The ruling discusses the principles for awarding costs, especially in cases involving self-represented litigants.

This decision concerns the approval of a pro-rata apportionment of insurance proceeds, legal fees, and disbursements among multiple plaintiffs in six related actions arising from a 2018 motor coach collision in Ontario involving Chinese tourists.

The court reviews the collaborative process among counsel, the narrowing of liability to two defendants, and the reasonableness of the proposed settlement distribution.

The court also addresses its jurisdiction to grant the requested relief, the sufficiency of evidence supporting the motion, and the process for future motions involving parties under disability.

The plaintiff, Ottawa-Carleton Mortgage Inc. (OCMI), brought a motion for summary judgment against the defendants for default under a mortgage.

The court found that the defendants had defaulted on their mortgage payments, failed to remedy the default, and did not provide any evidence in response to the motion.

OCMI was granted summary judgment for damages, vacant possession, and leave to issue a writ of possession.

The claims for pre-judgment interest, post-judgment interest, and costs were adjourned for further determination.

The plaintiff sought damages for losses arising from the defendant’s failure to complete a real estate purchase.

The court found the plaintiff acted reasonably in re-listing and selling the property after the defendant’s breach, rejected the defence of failure to mitigate, and awarded damages and costs to the plaintiff.

The court also addressed the admissibility of evidence from the plaintiff’s real estate agent as a participant expert.

This decision addresses a high-conflict family law dispute between self-represented parties regarding the best interests of two children, focusing on parenting time, decision-making, and child support.

The court reviews the parties' history, the impact of conflict on the children, and the application of the Divorce Act and Child Support Guidelines.

The court orders a detailed parenting and support arrangement, emphasizing the need to minimize parental conflict and prioritize the children's well-being.

The court considered a motion by the applicant father, Kemi Andrew Emberson, for an interim order that the parties’ two children move to Ottawa to reside with him and attend school there.

The respondent mother, Trystian Elizabeth Hilton, opposed the motion.

The court reviewed the litigation history, the parties’ circumstances, and the children’s chronic school absences.

The court refused the mother’s request for leave to file late responding materials and ultimately dismissed the father’s motion, finding insufficient evidence of a material change in circumstances to justify changing the children’s primary residence on an interim basis.

The court ordered an expedited trial and increased the father’s parenting time pending trial.

The court considered a request by the Ontario Association of Police Service Boards to dismiss the action against it under Rule 2.1.01 of the Rules of Civil Procedure.

The court found that the plaintiffs' statement of claim lacked any factual basis for relief against the Association and that the pleading exhibited hallmarks of vexatious and frivolous litigation.

The court reviewed the applicable legal principles and procedures for summary dismissal under Rule 2.1.01, ultimately dismissing the claims against the Association without costs.

The accused, Jason Albert Lowe, was charged with sexual assault against M.D. following an incident on March 8-9, 2022.

The trial turned on the credibility and reliability of the complainant, who gave inconsistent statements regarding consent, the use of a condom, and other details.

The court found that the inconsistencies and lack of corroborative evidence raised a reasonable doubt and acquitted Mr. Lowe.

The court considered two motions for summary judgment in a civil action brought by William Stoddart, a former inmate, against Dr. Diana Silver Wyatt and various Crown defendants.

Stoddart alleged assault and professional negligence against Dr. Wyatt, and negligence, assault, and breach of Charter rights against the Crown defendants, arising from the discontinuation of his prescription for gabapentin following a change in the Correctional Service of Canada’s drug formulary.

The court found that the only evidence on the standard of care was from the defendants, and Stoddart failed to provide any expert evidence in support of his claims.

The court held that there was no genuine issue requiring a trial and granted summary judgment, dismissing all of Stoddart’s claims.

The court sentenced D.A.L. for procuring H.S. to offer or provide sexual services for consideration, contrary to section 286.3(1) of the Criminal Code.

The jury acquitted D.A.L. of all other charges, including human trafficking, receiving a material benefit, advertising, and violence-related offences.

The court reviewed the factual background, pre-sentence report, victim impact statement, and letters of support.

The Crown sought a two-year custodial sentence, while the defence argued for an 18-month conditional sentence.

The court considered aggravating and mitigating factors, including the vulnerability of the complainant, the offender’s lack of criminal record, his rehabilitation, and collateral immigration consequences.

After reviewing relevant case law and the unique circumstances, the court imposed an 18-month conditional sentence (minus 31 days for pretrial custody), to be served under house arrest, followed by 12 months’ probation, with additional conditions and a DNA order.

This ruling addresses an interim motion concerning parenting time for four children following the separation of the applicant father and respondent mother.

The respondent mother sought various relief, including primary residence and a parenting schedule, while the applicant father sought full custody and decision-making authority.

The court denied the applicant's requests for leave to file additional affidavits and for an adjournment.

Focusing on the children's best interests, stability, and their expressed views and preferences, particularly those of the older children, the court ordered a temporary, without prejudice, parenting schedule.

The children are to reside primarily with the applicant father in Kemptville, with the respondent mother having alternate weekend and weekly Thursday parenting time, including time on Islamic holy days.

The court also addressed concerns about family violence and parental conduct, reserving costs and adjourning the motion for review upon the mother securing permanent housing.

This is a costs endorsement following the dismissal of Patricia Graham's application to invalidate a will.

Katherine Blais, the successful respondent, sought costs on a partial indemnity scale.

The court fixed Ms. Blais's costs at $22,000, reducing the requested amount of $30,700.

The decision considered Ms. Graham's conduct in unnecessarily lengthening the proceeding, the reasonableness of hourly rates for counsel of differing experience, and the exclusion of fees for inadequately explained non-lawyer timekeepers.

This motion concerned an interim parenting schedule for a 2.5-year-old child following the separation of unmarried parents.

The applicant father sought increased parenting time, which the respondent mother opposed, proposing a more gradual reintroduction.

The court applied the "best interests of the child" principle under the Children's Law Reform Act, noting that the "tender years" doctrine no longer applies and breastfeeding is one of many factors.

The court considered the geographic distance between the parents, the mother's mental health issues and associated release order, and the mother's uncooperative approach to facilitating parenting time.

While acknowledging the mother as the primary caregiver pre-separation, the court ordered a structured, gradually increasing parenting schedule for the father, including weeknight visits in the mother's area and weekend visits at a midpoint location.

The motion was adjourned for continuation in several months to assess the schedule's effectiveness and allow for further evidence.

Rachel Obita, a self-represented plaintiff, sued Algonquin College for various torts and breach of contract related to her academic experience, including a disputed grade and alleged academic bullying.

The College moved to strike her amended statement of claim for lack of jurisdiction and failure to disclose reasonable causes of action.

The court found it had jurisdiction over the general subject matter but determined that all of Ms. Obita's pleaded causes of action (intentional infliction of pain and suffering, defamation, intrusion on seclusion, breach of contract, negligence, deceit, and fraudulent misrepresentation) were fatally flawed and failed to meet pleading requirements.

Given her prior opportunity to amend and litigation conduct, the court dismissed the entire action without leave to amend.

The plaintiff, a former unionized employee, commenced a civil action against her former employer for wrongful termination and discrimination, after her grievance was withdrawn by the union and her Human Rights Tribunal of Ontario (HRTO) application was dismissed.

The defendant employer brought a motion to dismiss the action for lack of jurisdiction and as being frivolous or vexatious.

The court granted the motion, finding that the essential character of the dispute fell within the exclusive jurisdiction of an arbitrator under the collective agreement and the Ontario Labour Relations Act, and that the human rights claims did not create a separate cause of action.

The court also found the action to be frivolous and vexatious.

The self-represented defendant, Lucy Shaver, brought a motion seeking release from a prior settlement agreement that required her to transfer a residential property to the plaintiff, Shaver-Kudell Manufacturing Inc. The court dismissed her motion, refusing an adjournment request and finding no legal basis for the relief sought.

The judge noted Lucy Shaver's failure to provide supporting evidence and emphasized that her motion was an improper attempt to circumvent the appeal process for a previous decision by McVey J.

The applicant sought directions for the administration of her late father's estate, specifically addressing concerns about the estate trustee's conduct and the sale of the deceased's residential property where a respondent resided.

The court provided directions for estate administration, ordered the estate trustee to produce documents and accounts, and set conditions for the sale of the property, including a deadline for the resident respondent to secure financing or vacate.

The court also addressed the applicant's access to the property and emphasized the need for respectful communication among parties.

The plaintiffs brought a motion for summary judgment seeking damages from the defendant for breach of an agreement of purchase and sale for residential property.

The defendant failed to close the transaction due to inability to secure financing.

The defendant admitted breach but disputed the quantum of damages and alleged the plaintiffs failed to mitigate their losses.

The court granted summary judgment, finding the plaintiffs acted reasonably in mitigating damages and assessing damages based on the actual resale date.

The Ontario Federation of All Terrain Vehicle Clubs (the "Federation") brought an application seeking declarations of defamation and a permanent injunction against Paul Ireland (also known as Robert Paul Ireland) for an online campaign of defamatory posts.

Mr. Ireland failed to respond to the application.

The court applied the three-part test for defamation from Grant v. Torstar, finding that Mr. Ireland's posts, which alleged corruption, fraud, and criminal conduct, were defamatory and would lower the Federation's reputation.

As Mr. Ireland presented no evidence, the court found no valid defence (justification, fair comment, or qualified privilege).

Consequently, the court granted the Federation's requested declaratory and equitable relief, ordering Mr. Ireland to remove the defamatory posts and permanently enjoining him from publishing similar statements.

The court also awarded costs to the Federation.