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Draft Bills

  • R. v. Boyede - 2020 ONSC 7493

    Mr. Boyede was convicted of second-degree murder following his February 18, 2020 guilty plea. A mandatory sentence of imprisonment for life follows conviction. (See Decision)

    Dec 4, 2020 11:07 PM

  • Crossley-Chaumont v. Royer - 2020 ONSC 7491

    This is a Motion to Change (“MTC”) brought by the respondent husband seeking to reduce his spousal support obligation to the applicant wife in stages, decreasing retroactively starting from November 1, 2019 through to the present and then prospectively until April 30, 2022, at which time it would terminate. (See Decision)

    Dec 4, 2020 11:07 PM

  • McIntyre. v. O’Brien Mooney - 2020 ONSC 7508

    The father seeks an award of cost on these cross-motions of the parties, on a partial indemnity scale in the amount of $3,896 inclusive of disbursements and tax. (See Decision)

    Dec 4, 2020 11:07 PM

  • Canadian Appliance Source LP v. Ontario - 2020 ONSC 7492

    The applicant is one of Canada’s largest home appliance retailers. It operates 29 showroom/retail stores in six provinces. It also sells its appliance products online. (See Decision)

    Dec 4, 2020 11:07 PM

  • Royal Bank of Canada v. 1898936 Ontario Inc. Royal Bank of Canada v. 2414973 - 2020 ONSC 7456

    By two sets of reasons dated October 9, 2020: (See Decision)

    Dec 4, 2020 11:07 PM

  • Barker v. Barker - 2020 ONSC 7447

    The Defendants bring this mid-trial motion objecting to the qualification of Dr. John Bradford as an expert witness on damages and challenging the admissibility of Dr. Bradford’s damages report dated October 10, 2020 along with his Reply Report dated November 16, 2020 (together the “Bradford Report”). (See Decision)

    Dec 4, 2020 11:07 PM

  • Semkiw v. Sutherland - 2020 ONSC 7477

    The Applicant, Ashleigh Semkiw, brings this motion for an order for parenting time with the parties’ three children, ages 7, 7 and 5, during the Christmas holidays. (See Decision)

    Dec 4, 2020 11:07 PM

  • CAS v. JB and GM - 2020 ONSC 7457

    The Children and Family Services for York Region (“the Society”) has brought a motion for summary judgment pursuant to Rule 16 of the Family Law Rules. It seeks an Order finding the parents’ two children (“the children”) in need of protection and placing them in the extended care of the Society with no access to their mother (“JB”) or their father (“GM”). The Society seeks an access Order between the two children. Both parents oppose the extended care Orders. (See Decision)

    Dec 4, 2020 11:07 PM

  • Lopera v. Margosutjahjo - 2020 ONSC 7436

    The appellant tenant appeals an order of the Landlord and Tenant Board dated March 12, 2019 that granted the respondent landlord’s application to terminate his tenancy for non-payment of rent. (See Decision)

    Dec 4, 2020 11:07 PM

  • R. v. Moulton (Sentence) - 2020 NLPC 0820A00014

    After a day and a half of evidence in trial, the self-represented accused admitted the commission of the alleged offences. As a result, convictions were entered, and a presentence report was ordered. Sentencing submissions were set for December 1, 2020. (See Decision)

    Dec 4, 2020 11:07 PM

  • R. v. Barrett - 2020 NSCA 79

    On March 21, 2016 the appellant Thomas Barrett was convicted of the second degree murder of Brett Elizabeth MacKinnon. He now appeals that conviction. Mr. Barrett’s appeal was bifurcated to allow three of the multiple grounds of appeal to be argued first. For the reasons that follow, the grounds argued in this hearing are dismissed. The remaining grounds of appeal will now be scheduled for hearing before the panel. (See Decision)

    Dec 4, 2020 11:07 PM

  • Ontario (Funeral, Burial and Cremation Services Act, 2002, Registrar) v. 1868653 Ontario Inc. (Newcastle Funeral Home Ltd.) - 2020 ONCA 771

    The appeal is dismissed, substantially for the reasons of the Divisional Court. (See Decision)

    Dec 4, 2020 11:07 PM

  • Zoutman v. Graham - 2020 ONCA 767

    The appellant, James Graham, appeals from a judgment dismissing his anti-SLAPP motion under s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and granting summary judgment in the amount of $50,000 in favour of the respondent physician, Dr. Dick Zoutman. (See Decision)

    Dec 4, 2020 11:07 PM

  • Royal Bank of Canada v. Osprey Electric - 2020 BCCA 343

    This appeal concerns a garnishing order after judgment issued pursuant to the Court Order Enforcement Act, R.S.B.C. 1996, c. 78 [COEA]. The chambers judge, on application of the judgment creditor, summarily ordered the garnishee to pay to the judgment creditor the amount of the judgment, notwithstanding that the garnishee denied that there were any debts due from the garnishee to the judgment debtor. The garnishee now appeals. The chambers judge’s reasons are found at 2019 BCSC 2174. (See Decision)

    Dec 4, 2020 11:07 PM

  • Ramoutar v. Ramoutar - 2020 ONSC 7478

    The Respondent, Aknath Ramoutar, brings a motion for summary judgment dismissing the Applicant’s claims for equalization, spousal support, and a freezing of assets. (See Decision)

    Dec 4, 2020 11:07 PM

  • Simcoe and Muskoka Child, Youth and Family Services v. Gilchrist - 2020 ONSC 7426

    This motion for leave to appeal the order of T.M. Wood J. dated September 23, 2020 is dismissed without costs (the parties agreed on no costs). (See Decision)

    Dec 4, 2020 11:07 PM

  • Davies v. Syed - 2020 ONSC 7388

    The Plaintiffs are all owners of residential single family homes located in Richmond Hill, Markham and Thornhill. I will refer to these single family residential homes as “the residences”. (See Decision)

    Dec 4, 2020 11:07 PM

  • Tallcree First Nation v Rath & Company - 2020 ABCA 433

    Rath & Company and Jeffrey Rath apply for confirmation by way of declaration that they have a right to appeal a decision of a chambers judge overturning a Review Officer’s decision that a contingency fee agreement was reasonable. In the alternative, they seek permission to appeal, if their appeal is of a decision “as to costs alone.” (See Decision)

    Dec 4, 2020 11:07 PM

  • R. v. Duncan - 2020 ONSC 7428

    The appellant was charged with sexual assault, invitation to sexual touching and touching for a sexual purpose. The offences were alleged to have occurred between September 1, 2016 and September 30, 2017 in relation to the same complainant, H.S. The appellant’s trial took place over six days before Renwick J. in the Ontario Court of Justice in February 2020. In written reasons released on February 14, 2020, the trial judge found the appellant guilty of sexual assault and not guilty of the other two charges. (See Decision)

    Dec 4, 2020 11:07 PM

  • Cavanagh v. Wagner - 2020 ONSC 7444

    The Applicant father brings a motion to change the access order of Justice Minnema, dated February 19, 2016. He seeks unsupervised alternate weekend and mid-week access to the parties' child, age 10. (See Decision)

    Dec 4, 2020 11:07 PM

  • 595799 Ontario Ltd. v. First - 2020 ONSC 7389

    595799 Ontario Ltd. v. First (See Decision)

    Dec 4, 2020 11:07 PM

  • Her Majesty the Queen in Right of Ontario v. Adamson Barbecue Limited - 2020 ONSC 7446

    The applicant seeks an order under s. 9 of the Reopening Ontario (A Flexible Response to COVID-19) Act, S.O. 2020, c. 17 (the “ROA”) restraining the respondents from contravening Regulation 82/20 (the “Stage 1 Regulation”). The restraining order is stated by the applicant to be required, for among other reasons, to prevent ongoing and future breaches of the Stage 1 Regulation in the interests of public health. (See Decision)

    Dec 4, 2020 11:07 PM

  • Bellhouse v. Kaas - 2020 ONSC 7452

    Two Applications under Rule 14.05 are before me. Mrs. Bellhouse’s Application, File 11704/17 was filed first, so I shall refer to her as the Applicant and to Mr. and Mrs. Kaas as the Respondents. (See Decision)

    Dec 4, 2020 11:07 PM

  • Canadian Appliance Source LP v Ontario - 2020 ONSC 7474

    The applicant asks to schedule an urgent application for relief from orders closing its Toronto and Peel stores under the Reopening Ontario (A Flexible Response to Covid-19) Act, S.O. 2020, c. 17. (See Decision)

    Dec 4, 2020 11:07 PM

  • PMC York Properties Inc. et al v. Siudak - 2020 ONSC 7413

    Leave to appeal from the Order of Parayeski J. dated July 14, 2020 is granted. Entitlement to costs of the leave motion (which we fix at $3500.00) reserved to the panel hearing the appeal. (See Decision)

    Dec 4, 2020 11:07 PM

  • Dennett v Gilbert - 2020 ONSC 7455

    By endorsement dated November 11, 2020, reported at 2020 ONSC 6865, I directed the registrar to serve a notice in Form 2.1A on the plaintiff. The notice gave the plaintiff 15 days to file no more than 10 pages of submissions explaining why the action should not be dismissed for being frivolous, vexatious, or an abuse of process. (See Decision)

    Dec 4, 2020 11:07 PM

  • R. v. Posthumus - 2020 ONCA 760

    The appellant was a Transit Enforcement Officer employed by the Toronto Transit Commission. He was convicted of offences arising from a practice of issuing fraudulent Provincial Offence Tickets to persons for offences that had not been committed. In every case, the tickets were issued to persons of no fixed address who habitually violated TTC bylaws. The tickets were never served on the persons said to have committed the offences, and the persons to whom the tickets were ostensibly issued were never made aware of either the tickets or any subsequent judicial process. (See Decision)

    Dec 4, 2020 11:07 PM

  • RiverRock Mortgage Investment Corporation v. Maheswaran - 2020 ONSC 7461

    The plaintiff, RiverRock Mortgage Investment Corporation (RiverRock), brings this motion for an order setting aside the order of Dawe J. dated October 16, 2020, which stayed the earlier order of McCarthy J. dated June 30, 2020. If the plaintiff is successful, the plaintiff will be able to enforce a writ of possession issued on September 15, 2020. (See Decision)

    Dec 4, 2020 11:07 PM

  • Watt v. HPARB - 2020 ONSC 7386

    For the reasons that follow, this appeal is dismissed pursuant to R.2.1.01. (See Decision)

    Dec 4, 2020 11:07 PM

  • R. v. Roper - 2020 ONSC 7411

    I am imposing sentence today after finding the accused guilty of one count of sexual assault and one count of sexual interference on July 20, 2020. (See Decision)

    Dec 4, 2020 11:07 PM