Tara L. Lemke

The decision addresses two motions in a commercial real estate dispute: a motion to strike claims against individual condominium directors, and a motion for production of documents.

The court struck the claims against the directors but granted the plaintiff leave to amend, finding the pleadings did not sufficiently distinguish the directors’ conduct from that of the corporation.

The court also dismissed the plaintiff’s production motion, holding that privilege over communications with counsel and the property manager was not waived by the addition of the property manager as a third party.

The ruling clarifies the high threshold for personal liability of condominium directors and the scope of privilege in multi-party litigation.

Following a jury trial for damages arising from a motor vehicle collision, the plaintiff sought partial indemnity costs.

The court awarded the plaintiff $275,000 in fees, $100,000 in disbursements, and $30,000 for costs incurred in pursuing a SABS settlement that significantly benefited the defendants.

The court denied the plaintiff's claim for litigation loan interest due to insufficient evidence.

The defendants' request for costs under Rule 49.10(2) was dismissed because the plaintiff's judgment exceeded the defendants' offer.

In this personal injury trial, the plaintiffs sought to have the jury quantify damages for past attendant care and housekeeping.

The court denied this request, ruling that such claims were barred due to the male plaintiff's prior settlement of his Family Law Act claim for services provided to his wife, which would result in impermissible double recovery.

Additionally, the court found there was insufficient evidentiary foundation to put these specific questions to the jury, as the plaintiffs failed to provide adequate evidence regarding the hours of services rendered by third parties or the value of non-monetary compensation, and the proposed methodology of valuing damages based on need rather than services actually received was incorrect in law.

The defendant brought a motion to set the prejudgment interest rate on non-pecuniary damages awarded to the plaintiffs by a jury at 1.3% instead of the prescribed 5%.

The plaintiffs cross-moved, seeking an 8.46% rate for both non-pecuniary and past pecuniary damages.

The court granted the defendant's motion, reducing the prejudgment interest on non-pecuniary damages to 1.3%, citing low prevailing prejudgment interest rates and the future loss component of the award.

The plaintiffs' cross-motion was dismissed, with the court maintaining the default 0.8% rate for past pecuniary damages, rejecting the plaintiffs' arguments for a higher rate based on their investment returns or the defendant's insurer's returns.

The plaintiff, a grieving father, sued his son's mother, a funeral home, and its director for breach of contract, deceit, and intentional infliction of mental distress after being excluded from his son's funeral.

The defendants brought a summary judgment motion seeking dismissal of the lawsuit.

The court dismissed all claims, finding no enforceable contract between the parties, no false misrepresentation to support deceit, and insufficient evidence of subjective intent to cause psychological harm for intentional infliction of mental distress, despite acknowledging the defendants' callous and insensitive conduct.

This endorsement addresses two motions in a personal injury action arising from a 2009 motor vehicle accident.

The plaintiffs, who commenced their action eight years post-accident, claim damages against the County of Renfrew for alleged road maintenance failures.

The County brought an omnibus motion, including for summary judgment against municipal employees and for documentary production related to the plaintiffs' limitation defence.

The plaintiffs brought a cross-motion regarding undertakings and refusals.

The court granted summary judgment against the municipal employees on consent, lifted the deemed undertaking rule for previous litigation files, and ordered production of those files subject to privilege.

The court also provided guidance on the form of affidavits of documents and ordered answers to some discovery questions while denying others.

This is an appeal from a Deputy Judge's decision finding the defendant unjustly enriched.

The plaintiffs had contributed to a bail bond for a relative, which the defendant received reimbursement for but did not repay the plaintiffs.

The appeal addressed whether the Deputy Judge erred in applying the test for unjust enrichment, specifically the absence of juristic reason, and whether there was a palpable and overriding error in the findings of fact.

The court dismissed the appeal, affirming the Deputy Judge's application of the unjust enrichment test and findings of fact.

Following dismissal of a motion seeking removal of the plaintiff’s solicitor for alleged conflict of interest, the court addressed costs.

The plaintiff sought substantial indemnity costs of $6,700, while the defendant argued the time spent was excessive.

The court held that costs should follow the event and that the unsuccessful party should ordinarily pay costs.

Although the motion lacked merit, the court declined to award substantial indemnity costs and instead fixed costs at a reduced amount.