Case Law › Superior Court of Justice of Ontario

[1] Following argument in this matter I granted an appeal from the January 17, 2019 order of Registrar in Bankruptcy, Master Jean, and set aside her decision of that date, with reasons to follow. These are those reasons.

[1] The plaintiffs bring two motions before me today. The first seeks an order that the defendants produce documentation in relation to the limestone it supplied to the plaintiffs' property and to answer undertakings and a refusal. The second seeks an order varying my order of 13 February 2019 on the basis of false evidence allegedly tendered by the defendants at the motion and on new evidence...

[1] The sole remaining issue is whether an order should be made allowing the Director to enforce the trial costs ordered to be paid by the respondent to the applicant, in circumstances where the respondent's only claim at trial, which was for spousal support, was dismissed1.

[1] The plaintiff moves under R. 37.14 to set aside the January 8/18 Order of Master McGraw which, inter alia, sets aside a default judgment obtained by the plaintiff some 20 years ago.

[1] At the time of her death on February 9, 2017, Donna Cox (“Donna”) and her husband John Louis Cox (“Mr. Cox”) were residing in a residence at 19 Ball Avenue East in Beaverton, Ontario (the “Property”). The Property was owned by The Pitcher Family Trust (the “Trust”).

[1] Brian Shiller, the lawyer for the Berkovits parties in this and six related actions, moves for an order removing him as the lawyer of record under Rule 15.04 of the Rules of Civil Procedure, RRO 1990, Reg 194 as amended. The six other actions bear Toronto Court File Nos.: CV-11-436825, CV-12-447394, CV-13-476452, CV-13-476936, CV-13-474051, and CV-13-483531. This endorsement applies all of...

[1] The applicants move for an urgent interlocutory injunction or stay prohibiting arbitrator Joel Richler from hearing any further proceedings between the parties pending the determination of the application for leave to appeal from the arbitrator's award dated April 1, 2019. The application for leave to appeal will be heard in the Superior Court on August 19, 2019.

[1] This preliminary motion to strike three affidavits in their entirety raises the issues of: (a) the use of preliminary motions to strike affidavits as opposed to having the admissibility of affidavit evidence determined by the motion's judge or master at the hearing of the motion; (b) the circumstances in which an affidavit should be struck for contravening the Rules of Civil Procedure; and, (c

[1] On October 4, 2017 Johnvale Contractors Ltd. (“Johnvale”) purported to preserve a lien by registering a claim for lien in the amount of $24,327.43 on the title to a condominium unit owned by the defendant, Zonte Investments Inc. (“Zonte”), with a municipal address of Unit 910, 110 Bloor Street West, Toronto. On November 10, 2017 Johnvale purported to perfect its lien by commencing this action

[1] In November 2015, following a trial in the Ontario Court of Justice, Emark Polanco was convicted of a number of offences arising from ongoing violent behaviour against a woman he had been involved with. In October 2016, he was sentenced to 21 months imprisonment. The convictions were set aside on an appeal to this court and then restored on a further Crown appeal to the Court of Appeal. The...

[1] The defendant insurers move for an order that the plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act, RSO 1990, c I.18 within seven days of this order failing which the defendant insurers may proceeds with an appraisal of the plaintiffs' alleged losses in accordance with the statutory appraisal process.

[1] The plaintiffs' action arose from an oil spill that occurred at their home in June 2008. The plaintiffs were successful at trial in their claims based in negligence; they were unsuccessful in their claims based in breach of contract.

[1] In a decision released on April 23, 2019 I dismissed the defendants' anti-SLAPP motion and allowed the plaintiffs' defamation claims to continue on to trial.1 I concluded

[1] Mr. Levin appeals from the Small Claims Court Judgment of Deputy Judge L.B. Wheatly dated September 10, 2018 which dismissed his case with costs.

[1] Metrolinx is a government agency that owns and operates the GO Transit public transportation system. Exclusive Advertising Inc. (“Exclusive”) was formerly Metrolinx's exclusive advertising broker for all advertising on GO trains. IMA Outdoor Inc. (“IMA”) was Metrolinx's exclusive advertising broker for in-station and GO bus advertising. In 2014, Metrolinx conducted a Request For Proposal (“RFP

[1] The issues to be determined on this application are numerous. They include spousal support, child support, custody, access, and equalization of net family property. The parties executed a separation agreement in which they identified the date of separation, agreed to close their joint bank account as of a certain date, and addressed the applicant's purchase of the respondent's interest in the

[1] This is the costs endorsement in relation to the contempt motion brought by the Applicant, Christene Weber [Ms. Weber] regarding the alleged breach by the Respondent, Sean Merritt [Mr. Merritt] of two non-depletion orders. Mr. Merritt brought a cross motion seeking to have Ms. Weber's motion dismissed.

[1] Malcolm Valade is being sentenced following conviction for intentionally discharging a firearm while being reckless as to the life or safety of another person, contrary to s. 244.2(1)(b) of the Criminal Code. Conviction for this offence carries a mandatory minimum sentence of four years imprisonment.

[1] On July 8, 2013, there was a major rainstorm in the GTA. It was described as follows in exhibit 57, one of the documents filed by counsel for the plaintiff:

[1] Mr Lochner appeared before me on May 15, 2019, as directed in my endorsement of May 6, 2019 (Lochner v. Ontario Civilian Police Commission, 2019 ONSC 2839), to address his conduct in advancing multiple applications against the respondent in respect to its decision not to investigate events surrounding police tasering of Mr Lochner's brother in 2006.

[1] Malcolm Valade is being sentenced following conviction for intentionally discharging a firearm while being reckless as to the life or safety of another person, contrary to s. 244.2(1)(b) of the Criminal Code. Conviction for this offence carries a mandatory minimum sentence of four years imprisonment.

[1] On November 16, 2018 the parties settled on consent all of the issues in this Motion to Change with the exception of one issue. I heard the one remaining issue in this Motion to Change on affidavit evidence on the consent of the parties. The Respondent mother is requesting to change the surname of their child to include the Respondent mother's surname.

[1] The Plaintiff 2298679 Ontario Inc., which carries on business as Aurum Property Care, moves, without notice, for an Anton Piller Order to search and seize electronic devices from the headquarters of the Defendant Northern Homecare Solutions Inc. and from the residence of the Defendant Joshua Goldkind, who is one of the principles of Northern Homecare. Aurum Property also requests an...

[1] The appellants, Christopher Goodwin (“Goodwin”) and Redtail Inc. (collectively, the “Appellants”), appeal an order of Gorman J. dated February 27, 2018 (the “Order”) that granted leave to John C. Drake (“Drake” or the “Respondent”) to commence a derivative action against Goodwin and Privit Inc. (“Privit”) on behalf of Redtail Inc. pursuant to s. 246 of the Business Corporations Act, R.S.O. 199

[1] This is a motion for Summary Judgment by the Plaintiffs, All-Terrain Track Sales and Services Ltd. (“ATTS”) and Andre Boudreau (the sole owner of ATTS) with respect to their attempt to enforce alleged rights under an option agreement. The option agreement addresses rights to a mining property in Pardee Township in northern Ontario (the “Pardee claims”). The Plaintiffs were not a party to the...

[1] Justine Ordonio was charged with first degree murder charge resulting from the death of Teresa Hsin. Teresa was stabbed to death on April 8, 2015, while seated in the driver's seat of her car, parked outside her Scotiabank branch. The Crown alleged that Ordonio was hired to kill Teresa by her son, Eric Lu, and that Ordonio in turn procured Mark Dookhram to help him carry out the murder. All...

[1] In this status review application, the Children's Aid Society of Ottawa (the “Society”) seeks an order for its extended care of the respondents' child ABR, born May 12, 2017, under section 101(1) of the Child, Youth and Family Services Act (the “Act”).

[1] The Plaintiffs bring a mid-trial motion to amend the Second Fresh As Amended Statement of Claim. The proposed amendments concern the Plaintiffs' response to the Defendants' limitations defence. Specifically, the Plaintiffs seek to add to their pleading and rely on the applicability of section 16(1)(h.2) of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Act”) as well as the doctrine of...

[1] On April 10, 2015, the body of Teresa Hsin was discovered slumped over in the driver's seat of her car. She had been stabbed multiple times. The Crown's theory is that Mr. Ordonio, together with Mark Dookhram, carried out the murder, because they were paid to do so by Ms. Hsin's son, Eric Lu. Dookhram and Lu are being tried separately.