Ontario Court of Appeals

Constructive dismissal.

Costs of unsuccessful plaintiff class and most serious industrial accident in world history and No duty of care in negligence to employees of foreign suppliers despite exercise of audit rights.

Jury instructions on causation and apportionment of responsibility in personal injury trial and whether an incapable minor had a duty to mitigate damages by seeking psychological treatment.

Plaintiff in oppression action against defendant and corporation was not entitled to production.

Summary judgment and right to terminate agreement of purchase and sale.

Liquidation and dissolution of corporation.

Breach of agreement of purchase and sale for real property

Franchise law and disclosure requirements.

Negligent investigation.

Mistake of fact.

Freedom of religion and non-funding of Jewish and independent Christian schools by Province of Ontario.

Trade secrets and unauthorized use of confidential information.

Municipal liability for highway maintenance and operation.

Reduction of damages for breach of contract.

Physical and psychological injuries from motor vehicle accident.

On certification, the motion judge made his order with the intention that the U.S. Defendants’ costs were not to be paid by the Law Foundation of Ontario (“LFO”), in spite of the fact that the Plaintiffs had a litigation funding agreement with the LFO through the Class Proceedings Fund (“CPF”), which is responsible for adverse costs awards. Divisional Court found the costs owed to the U.S. Defendants should be paid by the LFO.

Costs of certification motion and one defendant class successful in avoiding certification of class proceeding and another defendant class unsuccessful in avoiding certification of class proceeding.

Costs against solicitor personally.

Default on mortgage and distribution of sale proceeds and barrister and solicitor negligence.

Doctor prescribing fertility drugs does not owe duty of care to prematurely born twins.

Evidence and corroboration and section 13 of the Ontario Evidence Act.

Costs of unsuccessful plaintiff class after denial of certification motion and whether public interest in high profile privacy breach and novelty of legal issues warranted a no costs award.

Reasonable apprehension of bias.

Certification and common issues and preferable procedure.

Certification and common issues.

Whether the ancient common law right of distress damage feasant entitled a commercial landlord to distrain his tenant’s commercial equipment and, if not, whether the tenant proved his claim for loss of income as a result of the illegal distraint.

Common issues and damages.

Appeal related to the sufficiency of evidence supporting the finding of causation.

Certification and price fixing affecting concrete brick and paving stones used in construction of homes.

Reasonable apprehension of bias.

Did the defendant insurance company waive the plaintiffs’ forfeiture of its rights when it did not purchase a replacement property within the timeframe allotted in a settlement agreement? Was the plaintiff otherwise entitled to relief from forfeiture?

Remuneration.

Progress and interim payments.

Standard of care.

Perell J. awarded the defendants costs of about $2.3 m in dismissing the class action. Court of Appeal reduced these costs by 30% because judge failed to appreciate the public interest component of the claim.

Physical and psychological injuries and fibromyalgia or chronic pain.

Practitioner liability and standard of care.

Court of Appeal upheld the trial judge’s determination not to declare a mistrial where plaintiff’s counsel’s address was inflammatory and she delivered a strong correcting charge.

Conflict of laws and forum selection clause.

Rescission clause in agreement of purchase and sale.

Insurer duty of good faith.

Conflict of interest.

Hospitals and health care facilities and vicarious liability of nurses.

Workers compensation and waiver of liability.

What constitutes defamatory words.

Maintenance and support.

Automobile insurance.

Relief against forfeiture of agreement of purchase and sale.

Barristers and solicitors and actions against clients.

Evidence solicitor client privilege and litigation privilege and common interest privilege.

Validity of mortgage and s. 29 of the planning act.

Action against municipality respecting roadway maintenance and operation.

Right to jury trial.

Standard of care.

Limitation periods.

Proposed class proceeding against law firm for breach of s. 28.1 of the solicitors act.

Defendants sought $750,000 in costs for an abandoned class action. Perell J. awarded $275,000.

Value of realty diminished and repair or replacement.

Expert evidence.

Contributory negligence and motor vehicle accident.

Contractual interpretation, general principles.

Automobile insurance and statutory accident benefits and catastrophic impairment.

Appeal from Federal Court decision awarding carriage of proposed class action on behalf of Metis and Non-Status Indians affected by the Sixties Scoop. No reviewable error made.

Defendant claimed costs of $474,000 when class action was dismissed after defending it for 9 years. $68,000 awarded.

The Ministry of the Attorney General (MAG) successfully moved to quash a summons to witness issued by the Tribunal, at Mr. Goodman’s request. The grounds for the motion were that the summons sought evidence that was not relevant to the allegations in this proceeding and was an abuse of process.

Limitation period and discoverability and plaintiff underwent breast augmentation surgery.

Restrictive covenant in employment contract and long-term compensation plan for senior employees.

Jury instructions on causation and apportionment of responsibility in personal injury trial and whether an incapable minor had a duty to mitigate damages by seeking psychological treatment.

Property of bankrupt.

Stay of action due to parallel proceeding.

Grounds to set aside a settlement agreement.

The main issue concerned the interpretation of an exclusion clause in a standard form insurance contract.

Negligence and standard of care and emergencies and causation.

Applicable standard of proof for loss of earning capacity and whether 500K in punitive damages was a reasonable award for historical sexual abuse.

Damages for breach of contract and negligence.

Carriage dispute in a class action.

Duty of care and defendant transferred Barbados participating policies to another life insurer three years before it demutualized and distributed $9 billion in value to its participating policyholders.

Failure to diagnose.

Striking claim for abuse of process.

Liability of driver.

Contracts with Crown and donors of art collection and extent of rights retained

Exclusion of expert evidence.

Action by corporation against former directors for breach of duty owed to corporation.

Banking and loan agreement and interest.

Land use control and subdivision plan.

Breach of contract.

Default judgment under Rule 19 of the Rules of Civil Procedure.

Conduct constituting civil contempt.

Fraud and market manipulation.

Appeal to Divisional Court from O.S.C. findings of securities fraud and sanctions were unreasonable dismissed.

Claims against municipality and s. 284(3) of the municipal act.

Motion for directions that motion judge could sit outside Ontario with other supervisory judges.

Duty of care to unborn child and doctor prescribing drug to patient on understanding that patient could not become pregnant.

Motion judge corrects error in his reasons which ignored the fact that one party did not participate in the motion.

Motion judge allows one summary judgment motion and dismissed another.

Loss of earning capacity.

Striking out pleadings or allegations.

Opthalmic dispensers act.

Allegation of judicial bias.

Court of Appeal finds motions judge erred in exercising his discretion by misapplying the second “Soundair” duty. New motion directed.