Cases

Appeal upholding finding of oppression, tracing of assets, and liability of sole director and shareholder.

Lawyer found liable for misappropriating monies from company and for assigning company into bankruptcy as part of fraudulent scheme to deprive family trusts of their interests in company.

Appeal upholding lower court’s finding that second mortgagee took reasonable precautions to obtain the true market value of the property, such that the sale of which was not an improvident sale.

Appeal court holding that purchasers of condominium units for tax shelter purposes are protected under the Ontario New Home Warranties Plan Act.

Roofing subcontractor entitled to view fundamental breach by the general contractor in honoring the terms of one contract as amounting to an anticipatory breach of a second, separate and discrete contract between the same parties.

Second time around, court holds that this is a case in which the Ontario court may assume jurisdiction and which favours Ontario as the most convenient forum.

Appeal setting aside lower court’s opinion that Ontario did not have jurisdiction over the appellant’s claim on the ground that there was no real or substantial connection between the defendant and Ontario.

Supreme Court of Canada reviews appropriate test for determining whether to enforce a judgment of a foreign court.

Motion to stay the enforcement of arbitration award pending disposition of application to set aside the award.

Interpretation of a commercial lease and the relevant legal principles relied upon for interpreting same.

Motion for summary judgment dismissing plaintiff’s claims for inducing breach of contract, interfering with economic relations, and unjust enrichment.

Interpretation of employment contract and enforceability of termination clause.

Motion for summary judgment for dismissal of claim against non-parties to an alleged partnership agreement, there being no genuine issue requiring a trial.

Motion involving the continuation of a Mareva injunction and appointment of receiver to protect assets in order to collect on judgment.

Motion for summary judgment for failure to pay sub-contractor and for breach of trust claim pursuant to the Construction Lien Act.

Ontario Court of Appeal upholds motion judge’s decision to enforce Californian judgment.

Motion for spousal support.

Decision of the Human Rights Tribunal of Ontario holding that the applicant had not provided any evidence showing that he had been discriminated against by the respondent when it refused to offer him permanent employment.

Summary judgment motion to dismiss action against individual defendant as he was not a party to the contract for services and materials supplied and had no ownership interest in the property.

Court found that certain work approved by condominium board fell under “repairs and maintenance” and was not a “substantial change” to the common elements.

Summary judgment motion for the recognition and enforcement of a judgment of the Superior Court of the State of California in and for Orange County.

Court held that in the absence of an enforceable contractual provision stipulating a fixed term of notice, or any other provision to the contrary, a fixed term employment contract obligates an employer to pay an employee to the end of the term, and that obligation will not be subject to mitigation.

Court of Appeal for Ontario addressed the optimal way to catalogue expert evidence at trial.  The Court discusses best  practices regarding the marking of exhibits at trial so as to avoid confusion about the state of trial evidence on appeal.  The Court stated that “the goal of a trial judge in supervising the assembly of a trial record is completeness and accuracy” so that the panel sitting on appeal can easily discern what was before the trial judge at any time during the course of trial.