Written on June 11, 2012.
On Friday, June 8th, 2012, the Honourable Justice Brian Shaughnessy, who was the Trial Judge, awarded the Defendants costs for defending the Plaintiff’s action through trial as follows: Region of York – $55,000 for fees plus applicable GST/HST, and $36,052.91 for disbursements. Fermar Paving was awarded $40,000 for fees plus GST/HST, and $38,783.94 for disbursements. […]
Written on May 17, 2012.
The Supreme Court of Canada is now set to consider the Application for Leave to Appeal from the Court of Appeal for Ontario’s decision in Giuliani v. Milton et. al.. The decision by the ONCA issued last December, effectively gutted sections 4 and 5 of the Minimum Maintenance Standards, O.Reg 239/02, and rendered them useless […]
Written on May 17, 2012.
The Supreme Court of Canada has dismissed the Plaintiff’s application for leave to appeal, with costs, in Morsi v. Fermar Paving et. al.. The Court of Appeal for Ontario set aside the trial decision of Justice Brian Shaughnessy last year, in which he found the Region of York and its contractor Fermar Paving, each 25% […]
Written on March 29, 2012.
Beware the newest fad for counsel responding to your motion for Summary Judgment….the “Motion for Directions”. One aspect of the recent Ontario Court of Appeal decision in the Combined Air case that some have overlooked is the CA’s endorsement of the bringing of a “motion for directions” as a sort of pre-emptive strike against a […]
Written on March 29, 2012.
In the recent Alberta case of 321665 Alberta Ltd. v. ExxonMobil Canada Ltd., 2012 A.J. No. 142, Alberta Court of Queen’s Bench, R.P. Belzil J. denied a Plaintiff the interest on a litigation loan, who litigated for 14 years and won a $6 million dollar Judgment, including $1 million for Punitive Damages. The reasons why […]
Written on March 29, 2012.
The last of the appeal materials have now been served and are on their way to be filed with the Supreme Court of Canada. For those unfamiliar with the appeal, the Defendants (Region of Halton and Town of Milton) have filed an Application for Leave to Appeal with the Supreme Court of Canada, hoping to […]