Z.M. Kaslik

At an urgent case conference days before a peremptory 10-day non-jury trial, the defendants requested the trial proceed virtually due to the COVID-19 pandemic and defence counsel's heightened health risks.

The plaintiffs opposed, arguing that credibility issues and the need for an interpreter required in-person viva voce testimony.

The court applied Rule 1.08 of the Rules of Civil Procedure and ordered the trial to proceed by videoconference, emphasizing the need to keep matters moving during the pandemic and the unacceptable risk of forcing attendance contrary to medical advice.

The respondent lawyers moved to quash the clients' appeal from an assessment officer's certificates regarding fees and costs.

The clients brought a cross-motion to extend the time for their notice of appeal.

The court declined to determine the motion to quash independently of the cross-motion to extend time, noting that assessing the extension of time requires evaluating the merits of the appeal.

Both motions were adjourned to be heard together with the main appeal for efficiency.

The Ontario Real Estate Association (OREA) brought a motion for leave to intervene in an application to set aside an arbitration appeal decision regarding a real estate commission dispute.

The applicant opposed the motion, arguing OREA had no genuine interest in the private dispute.

The court granted the motion, finding that OREA had a genuine interest in the jurisdictional issues raised, specifically whether the applicant was prohibited from commencing the application under the arbitration scheme's rules, and that OREA could make a useful contribution without causing injustice to the parties.

The plaintiff brought a motion for summary judgment regarding the loss of a coin collection she entrusted to the defendant for appraisal.

The court found the defendant, a gratuitous bailee, negligent for losing the coins, as he could not recall their location or provide a reasonable explanation for their loss.

Summary judgment was granted on the issue of liability, with the quantum of damages to be determined at a subsequent trial.