Focus On



Tuesday, April 20, 2021 @ 6:23 AM

CORPORATIONS - Indemnification of directors and officers - Advance of costs

Appeal by the defendants, Quershi and Wong, from an order refusing an interim advance of legal costs from the plaintiffs, the Enliven companies. The defendants were former officers of Enliven who started and operated the business. ... [read more]

Monday, April 19, 2021 @ 9:27 AM

ASSESSMENT OF DAMAGES - Limiting factors - Duty to mitigate

Appeal by the defendants from a trial decision refusing to award them damages for the respondents’ wrongful filing of a caveat against land owned by the appellants. The respondents claimed a beneficial interest in part of the land pursuant to an oral agreement. ... [read more]

Monday, April 19, 2021 @ 9:22 AM

CIVIL PROCEDURE - Costs - Complex, novel or test case

Appeal by the defendants in a class action from a trial decision awarding them no costs after the action was dismissed after a six-week trial. ... [read more]

Monday, April 19, 2021 @ 9:16 AM

REAL PROPERTY TAX - Assessment - Methods 

Appeal by Baron Real Estate Investments from a judicial review judgment affirming a tax assessment by the Edmonton Composite Assessment Review Board. ... [read more]

Friday, April 16, 2021 @ 6:13 AM

CIVIL EVIDENCE - Letters rogatory or letters of request

Appeal by Matvil Corp. from an order compelling Matvil, a non-party, to produce its confidential and proprietary financial and valuation documents sought in a letter of request to assist the expert of parties to a U.S. action to calculate their damages using comparative industry data. ... [read more]

Friday, April 16, 2021 @ 6:12 AM

CIVIL LIABILITY - Misrepresentation in a prospectus

Appeal by the proposed representative plaintiffs in a putative securities class action from the order of a motion judge granting them leave to proceed under s. 138.3 of the Ontario Securities Act with one proposed misrepresentation claim against Barrick and the individual respondents, but denying the appellants leave to proceed with all other claims they proposed to assert under Part XXIII.1 of the Act. ... [read more]

Thursday, April 15, 2021 @ 6:32 AM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused

Application by the accused, charged with sexual assault, to exclude his statement to police. The accused unexpectedly appeared at a police station. He was arrested for sexual assault and advised of his right to counsel. ... [read more]

Thursday, April 15, 2021 @ 6:31 AM

GUARANTEES AND INDEMNITIES - Liability of guarantor - Defences

Appeal by the defendants from summary judgment enforcing personal guarantees of indebtedness owed to the plaintiff, Royal Bank of Canada (RBC). The defendants provided personal guarantees as security for several million dollars in loan advances to their family business. ... [read more]

Wednesday, April 14, 2021 @ 6:11 AM

CIVIL EVIDENCE - Methods of proof - Admissions

Appeal by the plaintiff from the dismissal of her medical malpractice claim against the respondent doctor. The appellant attended a hospital emergency department seeking treatment for an abscess on her buttocks and hyperglycemia, as she could not get her high blood sugars under control. ... [read more]

Wednesday, April 14, 2021 @ 6:10 AM

SENTENCING - Offences against public order - Forcible entry – Particular sanctions

Sentencing of the 48-year-old accused who pleaded guilty to assault and forcible entry. While intoxicated, the accused entered the 12-year-old complainant’s residence through an unlocked door in search of the complainant’s mother. ... [read more]