James Estate (Re) was a wills and estates case involving an application for the appointment of an estate trustee. The Court discussed the inquisitorial role the Superior Court has in estate proceedings and reaffirmed the court’s inherent jurisdiction and discretion to refuse even an unopposed application for a certificate of appointment of estate trustee. In this case, the proposed estate trustee was a disbarred lawyer. The application judge was not satisfied that the proposed trustee was not engaging in the unauthorized practice of law and dismissed the application, even though it was consented to by all the beneficiaries. The appeal was also dismissed.
Shipton v Shipton was a family law relocation case. The Court allowed the appeal, finding that the trial judge made numerous material factual errors. While the application judge was not found to have been biased, he was admonished by the Court for the “mocking and inflammatory tone” of his reasons for decision. The Court was of the view that some of the trial judge’s comments were “inappropriate in a judicial decision”, were “entirely unnecessary… rhetorical flourish” and had “no place in the context of an already contentious family law dispute.”
In Zhang v Primont Homes, purchasers who did not close on their agreement of purchase and sale to purchase a new-build condo unit settled with the vendor. The vendor was allowed to keep the deposit in exchange for not pursuing further damages against the purchasers. At trial, the purchasers recovered the deposit from the real estate agent and brokerage who had misrepresented to the purchasers the location of the new condo that was to be built. The appeal by the agent and brokerage was dismissed. The Court rejected the appellants’ argument that the purchasers were required to prove that they had the right to repudiate the agreement of purchase and sale as a condition precedent to recovery from the appellants.
Fresco v Canadian Imperial Bank of Commerce is a class proceedings decision involving the claim against CIBC for unpaid overtime. The consortium of three class counsel acting for the plaintiffs negotiated a $153 million settlement with CIBC. The motion judge granted the law firms $25 million in legal fees but dismissed the request that the representative plaintiff be awarded a $30,000 honorarium for her efforts. The Court found no error in principle in the motion judge’s exercise of discretion and dismissed the appeal.
Table of Contents
Civil Decisions
Keywords: Civil Procedure, Orders, Costs, Enforcement, Rules of Civil Procedure, r. 57.03(1), Rathod v. Chijindu, 2024 ONSC 939, Rathod v. Chijindu, 2024 ONCA 317, Serra v. Serra, 2007 ONCA 465, 225 O.A.C. 236, Sears v. Sears (2005), 195 O.A.C. 376 (Div. Ct.), Bank of Nova Scotia v. Gillespie, 2008 CanLII 31415 (Ont. S.C.)
Keywords: Torts, Negligent Misrepresentation, Standard of Care, Contracts, Real Property, Agreements of Purchase and Sale of Land, Concurrent Liability, Remedies, Damages, Contribution and Indemnity, Causation, Mitigation, Civil Procedure, Evidence, Expert Evidence, Burden of Proof, Krawchuk v. Scherbak, 2011 ONCA 352, Zink v. Adrian, 2005 BCCA 93, BG Checo International Ltd. v. British Columbia Hydro and Power Authority, [1993] 1 S.C.R. 12, 2105582 Ontario Ltd. (Performance Plus Golf Academy) v. 375445 Ontario Limited (Hydeaway Golf Club), 2017 ONCA 980, Clements v. Clements, 2012 SCC 32, Bowman v. Martineau, 2020 ONCA 330, James Street Hardware and Furniture Co. v. Spizziri (1987), 62 O.R. (2d) 385 (C.A.), Kaltenegger v. Cao, 2022 BCSC 2203, Central Trust Co. v. Rafuse, [1986] 2 S.C.R. 147, Edgeworth Construction Ltd. v. N. D. Lea & Associates Ltd., [1993] 3 S.C.R. 206, Janiak v. Ippolito, [1985] 1 S.C.R. 146
Keywords: Family Law, Parenting, Relocation, Best Interests of the Child, Civil Procedure, Reasonable Apprehension of Bias, Divorce Act, R.S.C. 1985, c. 3 ss. 16-16.93, Van de Perre v. Edwards, 2001 SCC 60, C.S. v. M.S., 2010 ONCA 196, 262 O.A.C. 225, N.S. v. R.M., 2019 ONCA 685, J.N. v. C.G., 2023 ONCA 77, Gordon v. Goertz, [1996] 2 S.C.R. 27, Barendregt v. Grebliunas, 2022 SCC 22, Porter v. Bryan, 2017 ONCA 677
Keywords: Wills and Estates, Applications for Appointment of Estate Trustees, Civil Procedure, Inherent Jurisdiction, Judicial Discretion, Appeals, Standard of Review, Fresh Evidence, Estates Act, R.S.O. 1990, c. E.21, ss. 7(1), 29, 35, 37, Trustee Act, R.S.O. 1990, c. T.23, s. 5, Rules of Civil Procedure, r. 74.14(4), 75, Law Society Act, R.S.O. 1990, c. L.8, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 134(4)(b), Law Society of Upper Canada v. William John Franklin Bishop, 2012 ONLSHP 87, aff’d 2014 ONLSTA 19, aff’d 2014 ONSC 5057 (Div. Ct.), Palmer v. The Queen, [1980] 1 S.C.R. 759, Barendregt v. Grebliunas, 2022 SCC 22, Sengmueller v. Sengmueller (1994), 17 O.R. (3d) 208 (C.A.), St. Amand v. Tisi, 2018 ONCA 106, Re Chiang, 2009 ONCA 3, Bent v. Platnick, 2020 SCC 23, Otis v. Otis (2004), 7 E.T.R. (3d) 221 (Ont. S.C.), Neuberger v. York, 2016 ONCA 191, McLaughlin v. McLaughlin, 2015 ONSC 3491, Seepa v. Seepa, 2017 ONSC 5368, Martin v. Martin, 2018 ONSC 1840, Gonder v. Gonder Estate, 2010 ONCA, Public Guardian and Trustee v. Duggan (1998), 165 D.L.R. (4th) 713 (Ont. S.C.), Mohammed v. Heera (2008), 43 E.T.R. (3d) 273 (Ont. S.C.), Re Lagrandeur Estate, 2021 ONSC 3447, Petrovskaya v. Morelli, 2013 ONSC 2659, Letterstedt v. Broers (1881), 9 A.C. 371 (P.C.), Radford v. Radford Estate (2008), 43 E.T.R. (3d) 74 (Ont. S.C.), St. Joseph’s Health Centre v. Dzwiekowski, 2007 CanLII 51347 (Ont. S.C.), Woolnough v. Dare, 2016 ONSC 4013, R. v. Teskey, 2007 SCC 25, [2007] 2 S.C.R. 267, R. v. S. (R.D.), [1997] 3 S.C.R. 484
Keywords: Contracts, Employment, Overtime Pay, Lawyer and Client, Contingency Fee Agreements, Civil Procedure, Class Proceedings, Legal Fees, Honorariums, Approval, Amicus Curiae, Class Proceedings Act, 1992, S.O., c. 6, Canada Labour Code, R.S.C. 1985, c. L-2, Lavier v. MyTravel Canada Holidays Inc., 2013 ONCA 92, Canada (Attorney General) v. Fontaine, 2017 SCC 47, Reeves v. Brand, 2018 ONCA 26, O’Brien v. Chuluunbaatar, 2021 ONCA 555, Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, Hryniak v. Mauldin, 2014 SCC 7, Cowles v. Balac (2006), 83 O.R. (3d) 660 (C.A.), Bancroft-Snell v. Visa Canada Corporation, 2016 ONCA 896, Smith Estate v. National Money Mart Co., 2011 ONCA 233, Gagne v. Silcorp (1998), 41 O.R. (3d) 417 (C.A.), Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc, 2009 ONCA 690, McCarthy v. Canadian Red Cross Society (2001), 8 C.P.C. (5th) 349 (Ont. S.C.), Cannon v. Funds for Canada Foundation, 2013 ONSC 7686, Fulawka v. Bank of Nova Scotia, 2014 ONSC 4743, Moushoum v. Canada (Attorney General), 2023 FC 1739, MacDonald v. BMO Trust Co., 2021 ONSC 3726, Wein v. Rogers Cable Communications Inc., 2011 ONSC 7290, Osmun v. Cadbury Adams Canada Inc., 2010 ONSC 2752, McDonald v. Home Capital Group, 2017 ONSC 5195, Clegg v. HMQ Ontario, 2016 ONSC 2662, Mancinelli v. Royal Bank of Canada, 2017 ONSC 2324, Doucet v. The Royal Winnipeg Ballet, 2023 ONSC 2323 (Div. Ct.), Baker Estate v. Sony BMG Music (Canada Inc.), 2011 ONSC 7105, McCarthy v. Canadian Red Cross Society, [2007] O.J. No. 2314 (S.C.), Sutherland v. Boots Pharmaceutical Plc., (2002), 21 C.P.C. (Ont. S.C.)
Short Civil Decisions
Keywords: Civil Procedure, Application, Striking Pleadings, No Reasonable Cause of Action, Reasonable Apprehension of Bias
Keywords: Real Property, Easements
Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Civil Procedure, Appeals, Representation by Lawyer, Security for Costs, Rules of Civil Procedure, r. 15.01(2), 61.01(1)(a) and 61.01(1)(b), GlycoBioSciences Inc. (Glyco) v. Industria Farmaceutica Andromaco, S.A., de C.V. (Andromaco), 2024 ONCA 481, Thrive Capital Management Ltd. v. Noble 1324 Queen Inc., 2021 ONCA 474, Heidari v. Naghshbandi, 2020 ONCA 757, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Foodinvest Limited v. Royal Bank of Canada, 2020 ONCA 387
Keywords: Civil Procedure, Costs, Appeals, Leave, Extension of Time
Keywords: Administrative Law, Judicial Review, Human Rights Tribunal, Civil Procedure, Appeals, Leave, Perfection, Extension of Time, Yaiguaje v. Chevron Corporation, 2017 ONCA 827
Keywords: Civil Procedure, Appeals, Addendum, Costs, Rathod v. Chijindu, 2024 ONCA 317, Rathod v. Chijindu, 2024 ONCA 420
Keywords: Family Law, Equalization of Net Family Property, Unequal Division, Domestic Contracts, Maher, Civil Procedure, Disclosure, Bakshi v. Hosseinzadeh, 2017 ONCA 838, Cohen v Cohen, 2024 ONCA 114
Keywords:Family Law, Parenting, Decision Making, Retroactive Child Support, Civil Procedure, Fresh Evidence, Costs, Child and Family Services Act, R.S.O. 1990, c. C.11, s. 69(6), Cuthbert v. Nolis, 2024 ONCA 21, Children’s Aid Society of Owen Sound v. R.D., 178 O.A.C. 69 (C.A.), Rigillo v. Rigillo, 2019 ONCA 548, Knapp v. Knapp, 2021 ONCA 305, Ursic v. Ursic (2006), 32 R.F.L. (6th) 23 (Ont. C.A.), V.K. v. T.S., 2011 ONSC 4305, Andrade v. Kennelly, 33 R.F.L. (6th) 125 (Ont. S.C.), Brad-Jay Investments Limited v. Village Developments Limited (2006), 218 O.A.C. 315 (C.A.), Canadian Tire Corporation, Limited v. Eaton Equipment Ltd., 2024 ONCA 25, Legault v. TD General Insurance Company, 2024 ONCA 439
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