Focus On

Digests

Latest

Monday, September 14, 2020 @ 9:36 AM

CUSTODY AND ACCESS - Contest between parents and non-parents - Grandparents

Appeal by the paternal grandmother from a trial decision awarding sole custody to the mother. Pursuant to a 2016 consent order, the children were placed in the sole custody of the father. ... [read more]

Monday, September 14, 2020 @ 9:30 AM

ASSESSMENT OF DAMAGES - Limiting factors - Pre-existing conditions 

Appeal by the defendant from the damages award of $628,978 against her in the plaintiff’s personal injury action. The defendant was the at-fault driver in a 2011 motor vehicle accident. ... [read more]

Friday, September 11, 2020 @ 5:53 AM

DISCIPLINE AND DISCHARGE - Available sanctions - Dismissal - Grounds - Dishonesty

Appeal by the union from the dismissal of its judicial review application of the dismissal of its grievance of a termination. The grievor was employed as a correctional officer by the respondent for 12 years. ... [read more]

Friday, September 11, 2020 @ 5:53 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Failure to inform

Appeal by the plaintiff, the litigation representative of the estate of his son, P, from a trial decision dismissing his claim against the respondent physician for medical negligence leading to P’s quadriplegia. ... [read more]

Thursday, September 10, 2020 @ 3:52 PM

DISPOSITION WITHOUT TRIAL - Lack of jurisdiction

Appeal by 1704604 Ontario Limited (170 Ontario) from a decision of the Ontario Court of Appeal. 170 Ontario wanted to develop a subdivision in Sault Ste. Marie. In order to do so, it was necessary for 170 Ontario to obtain the approval of both the Sault Ste. Marie Region Conservation Authority (SSMRCA) and the Sault Ste. Marie City Council (City Council). ... [read more]

Thursday, September 10, 2020 @ 1:09 PM

DEFAMATION - Defamatory statements - Professional misconduct - Defences - Justification or truth - Qualified privilege

Appeals by Bent and Lerners LLP from a Court of Appeal decision that dismissed Bent’s motion under s. 137.1 of the Courts of Justice Act to dismiss the respondent’s defamation action. ... [read more]

Thursday, September 10, 2020 @ 6:05 AM

CUSTODY AND ACCESS - Courts - Jurisdiction

Appeal by the mother from an order finding Ontario did not have jurisdiction under s. 23 the Children’s Law Reform Act to decide her custody claim because there was no risk of serious harm to the children and ordering the children returned to Kuwait. ... [read more]

Thursday, September 10, 2020 @ 6:04 AM

EMPLOYER-EMPLOYEE RELATIONSHIP - Successor companies

Appeal by the defendant from summary judgment awarding the respondent damages for wrongful dismissal. The respondent was initially employed by 63732 Ontario Limited (637) in 1981. In 2017, the appellant purchased the assets of 637. The appellant argued it hired the respondent as a general labourer on a temporary basis to help move the purchased equipment to its new location. The respondent claimed she was hired as an indefinite employee to continue her duties as a welder. ... [read more]

Wednesday, September 09, 2020 @ 6:14 AM

PATENTS - Application - Amendment or correction - Jurisdiction

Appeal by Salt Canada Inc. from a decision dismissing its application for an order directing the Commissioner of Patents to vary the records to reflect the appellant was owner of the ‘058 Patent. The Federal Court held that it did not have jurisdiction over the application because the application required it to adjudicate a contractual dispute, a matter reserved exclusively to the provincial superior courts. ... [read more]

Wednesday, September 09, 2020 @ 6:14 AM

NATURAL JUSTICE - Duty of fairness

Appeal by the Police Commissioner from a decision allowing the respondent’s application for judicial review and quashing the commissioner’s 2017 decision ordering a public inquiry following lengthy disciplinary proceedings. ... [read more]