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  • Murray v. Alatishe, 2019 ONCA 596

    [1] The appellant, Mr. Jason Murray, appeals against an order of the Superior Court of Justice dated February 6, 2017, which dismissed his appeal from a decision of the Consent and Capacity Board, dated September 17, 2016, that found him incapable to consent to treatment.

  • Stockey v. Grant, 2019 ONCA 597

    [1] The appellant appeals from an order dismissing two related proceedings and striking out his statement of defence in a third related proceeding arising out of an aborted real estate transaction in 2004.

  • Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2019 ONCA 588

    [1] This is a motion by the respondent, Buduchnist Credit Union Limited (“BCU”), to quash the appeal filed by Carlo DeMaria and Vicar Homes Ltd. from the order of Penny J. dated January 17, 2019 (the “Order”). The Order appointed a receiver over two pieces of real property pursuant to s. 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, and s. 101 of the Courts of Justice Act, R.S.

  • R. v. Treleaven, 2019 ONCA 593

    [1] The appellant advised that he is abandoning his conviction appeal. On sentence, the Crown concedes that in light of the fact that a Gladue report was not considered at sentencing, the Gladue report being tendered as fresh evidence on appeal should be accepted.

  • R. v. Salama, 2019 ONCA 594

    [1] The appellant Mr. Salama has taken no steps to advance his appeal for several years. Despite efforts by the RCMP to locate him, he has yet to be found. Given the dated nature of the appeal, almost six years old, the Crown seeks to have it dismissed as abandoned. We agree. The appeal is therefore dismissed as abandoned.

  • Dermann v. Baker, 2019 ONCA 584

    [1] The appellant, Ashley Dermann, was a passenger in a car that was involved in a collision with a second car owned by Graham Baker and driven by Daniel Baker (the respondents). The appellant brought a tort action against the respondents for physical and psychological injuries she sustained as a result of the collision. The respondents admitted that they were liable, but disputed the extent of...

  • R. v. Lewis, 2019 ONCA 590

    [1] The appellant has abandoned his conviction appeal.

  • R. v. Rajavadivel, 2019 ONCA 595

    [1] The Crown has been in communication with the appellant. He advises the Crown that he wishes to abandon his appeal. He is out of custody and has not appeared today.

  • R. v. Bhagwandat, 2019 ONCA 589

    [1] The appellant seeks to set aside a guilty plea on three counts. There was no plea enquiry conducted. The facts were not read in. The police synopsis was filed as an exhibit with defence counsel advising the court that the synopsis had been reviewed with the appellant and that she “indicated … that you can rely on those facts.” When the matter returned for sentencing, the PSR revealed that the

  • Irps-Bleeker v. Van Gaalen, 2019 ONCA 592

    [1] The appellant appeals the judgment of the Superior Court of Justice dated October 11, 2018, dismissing the appellant's claim for professional negligence and breach of contract on the basis that the action was statute barred by virtue of s. 5 (1)(b) of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.

  • R. v. Bajich, 2019 ONCA 586

    [1] The appellant was convicted of three counts of possession of drugs for the purpose of trafficking. He received a custodial sentence of ten months, less three days' presentence custody. He appealed his conviction and sentence. At the hearing of the appeal we dismissed the conviction appeal and allowed the sentence appeal with reasons to follow. These are our reasons.

  • Conway (Re), 2019 ONCA 583

    [1] On September 28, 2018, the Hospital notified the Ontario Review Board that the appellant's liberty had been restricted. A panel was convened to conduct a review.

  • Shepherd (Re), 2019 ONCA 582

    [1] The appellant asks this court to quash the disposition order of the Ontario Review Board requiring that the appellant remain detained at the Southwest Centre for Forensic Mental Health Care with permission to live in accommodation approved by the person in charge. He requests that this court substitute an order for a Conditional Discharge.

  • Nissa Corporation v. Enviro Park Solar Ltd., 2019 ONCA 563

    [1] The appellant, Nissa Corporation (“Nissa”), inherited a lease between the respondent, Enviro Park Solar Ltd., (the “Tenant”) and 1809765 Ontario Limited (“180 Ontario”), the original landlord, when it purchased two properties in Napanee, 61A and 60A Enviro Park Lane (“61A” and “60A”) from the Business Development Bank of Canada, the mortgagee in possession of the property.

  • Southside Construction Management Limited v. Ingersoll (Town), 2019 ONCA 459

    [1] Southside Construction Management Limited appeals from a judgment dismissing its application for a declaration concerning the interpretation of s. 12.3.9.2.4 of Town of Ingersoll, by-law No. 04–4160, Zoning By-Law.

  • R. v. Srun, 2019 ONCA 453

    [1] Several men gathered outside a restaurant in a mall, including Mao Kim, Vandin Svay and the appellant, Sinhem Srun.

  • Newell v. Sax, 2019 ONCA 455

    [1] This appeal deals with the proper approach to be taken on a quantum meruit assessment of a solicitor's account.

  • S.H. v. D.H., 2019 ONCA 454

    [1] The parties are divorced. When they were still married, they decided to use in vitro fertilization (“IVF”) in their efforts to have a child. IVF involves the combining of sperm and ova outside of the human body to create embryos that can be later transferred to a uterus to continue developing. The parties contracted in 2011 with a lab in the United States to create the in vitro embryos. The...

  • McRae Cold Storage Inc. v. Nova Cold Logistics ULC, 2019 ONCA 452

    [1] This appeal arises out of a commercial lease between the parties. The appellant McRae Cold Storage Inc. leased space in a cold storage facility owned by the respondent Nova Cold Storage Logistics ULC pursuant to a lease agreement dated March 2013 (the “Lease”). While otherwise a “gross lease”, a clause in the Lease allowed Nova Cold to pass along certain increases in energy costs to McRae....

  • Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449

    [1] At issue on this appeal is the enforceability of terms that purport to waive an employee's years of service, his presumptive right to reasonable notice under the common law, and his full entitlement to termination and severance pay under the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”).

  • Drummond v. Cadillac Fairview Corporation Limited, 2019 ONCA 447

    [1] This appeal raises three issues: (i) the fairness of granting summary judgment against the moving party when the responding party has not brought a cross-motion for such relief; (ii) the use of hearsay evidence on summary judgment motions; and (iii) the liability of a retail mall manager under s. 3(1) of the Occupiers' Liability Act, R.S.O. 1990, c. O.2.

  • Downey v. Arey, 2019 ONCA 450

    [1] The motion judge granted summary judgment to the respondents enforcing an oral agreement of purchase and sale between the respondents and the appellant. He directed that the property owned by the appellant be transferred to the respondents for $750,000, pursuant to the terms of the agreement. He also ordered the appellant to reimburse the respondents for certain renovation-related costs. At...

  • Dussault v. Imperial Oil Limited, 2019 ONCA 448

    [1] The appellant employer appeals and the respondent employees cross-appeal from the motion judge's orders awarding wrongful dismissal damages to the respondents. The appellant dismissed the respondents from their employment, without cause, following the sale of part of its retail business to Mac's Convenience Stores Inc.

  • Extreme Venture Partners Fund LLP v. Varma, 2019 ONCA 446

    [1] The appellants appeal the dismissal of their claim against the respondent by way of summary judgment. The appellants' claim arises from a management buyout of Xtreme Labs. The appellants were directors and shareholders of Xtreme Labs. The respondent was engaged to provide a valuation of Xrteme Labs. The appellants allege that the valuation significantly undervalued Xtreme Labs and that they...

  • TRG-KFH (Lakeside) Inc. v. Muskoka Lakes (Township), 2019 ONCA 443

    [1] TRG-KFH (Lakeside) Inc. appeals from the order of the application judge dismissing its application for an order declaring that its property is not affected by the Township's Interim Control By-Law (“ICBL”). The sole exception is that the application judge did, effectively on consent, declare that a portion of the ICBL that stipulated that “said existing use shall only be permitted if it is...

  • Sidhu v. Aviva Canada Inc., 2019 ONCA 444

    [1] We see no error in the decision of the Divisional Court. In our view, they applied the appropriate standard of Review to the Director Delegate's decision. The cases of Igbokwe v. HB Group Insurance Management Ltd., 2001 CanLII 3804 (ONCA) and Walker v. Allstate Insurance Co., 2002 CanLII, 44970 (ONCA), are dispositive of the issues on this appeal.

  • The Bank of Nova Scotia v. 1860384 Ontario Inc., 2019 ONCA 445

    [1] The motion judge found there was no genuine issue for trial and made an order for summary judgment in favour of the respondent bank for approximately $275,000, a debt owed by 1860384 Ontario Inc. and guaranteed by the appellants on a joint and several liability basis.

  • Hilson v. 1336365 Alberta Ltd., 2019 ONCA 434

    [1] The appellants, Ross and Barbara Lightle, are principals of the corporate defendants. In 2007, they personally guaranteed second mortgages that were entered into by the corporations as part of an investment in a residential real estate complex in Toronto. The appellants purchased 25 units in the complex. They obtained first mortgage financing from a credit union. The respondent, an individual

  • Pita Royale Inc. (Aroma Taste of the Middle East) v. Buckingham Properties Inc., 2019 ONCA 439

    [1] The appeal arises from an action by the respondent against Buckingham Properties Inc. (“Buckingham”) and its principal, William Mandelbaum, for improper termination of a commercial lease of a restaurant and illegal distraint or conversion of the restaurant chattels. Buckingham counterclaimed for arrears of rent.

  • 40 Park Lane Circle v. Aiello, 2019 ONCA 451

    [1] This is a motion to extend time to deliver a notice of appeal. The appeal is from the order of Dietrich J., dated March 15, 2019, dismissing a motion by the moving party to set aside a default judgment. Due to the inadvertence of counsel (not Mr. Dewart), the notice of appeal was served one day late, 31 days rather than 30 days after the order under appeal. The respondent refused to consent...

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