The afterward are the Ontario Cloister of Address Summaries for the anniversary of January 5-9, 2015. Noteworthy capacity covered beneath accommodate corruption of process, appellate procedure, apathy and able affirmation admissibility. A adapted acknowledgment to Blaney's own Roger Horst and Rafal Szymanski for their absolute aftereffect in Meady v. Greyhound Canada Transportation Corp. A job able-bodied done!
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[Strathy C.J.O., Feldman and Lauwers JJ.A.]
Counsel:P. Le Vay and N. Greckol-Herlich, for the appellantsP. Anisman, for the respondents
Keywords: Costs Endorsement
The parties agreed that the costs accolade fabricated by the balloon adjudicator should be set abreast and replaced with an adjustment that the appellants/respondents by cross-appeal shall pay to the respondents costs in the bulk of $355,000, additional disbursements and applicative taxes.
Tags: Costs Endorsement
[Pardu J.A. (In Chambers)]
Counsel:J. Leclerc, for the affective party/responding affair by way of cross-motionD. Ronde and S. Holland, for the responding party/moving affair by way of cross-motion
Keywords: Appellate Procedure, Apprehension of Appeal, Time for Filing, Addendum of Time
Facts:
This address arises from the arbitrary adjournment of two accepted issues aloft in this chic proceeding, namely: (i) whether the actor breached its acknowledged assignment to the Chic Members at any time during the Chic Aeon by declining to allotment Aggregate Rebates with them; and (ii) if the defendant's conduct did not aggregate a aperture of the Franchise Agreement, whether the actor was unjustly accomplished by such conduct.
The motion judge's accommodation absolution these two accepted issues was appear on October 31, 2014. Due to an authoritative error, 1250264 Ontario Inc. ("125") fabricated no accomplishment to book its apprehension of address until December 10, 2014, back it was banned from filing because it was defective.
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125 seeks an order: (i) extending the time to book its apprehension of appeal; and (ii) extending the time to absolute the appeal, so that appeals from accompanying orders in this activity can be dealt with at the aforementioned time as this appeal.
Pet Valu Canada Inc. ("Pet Valu") brought a motion to bang the apprehension of address on the base that the all-encompassing area of address accord no adumbration of any declared errors committed by the motion judge. If this address is acceptable to proceed, Pet Valu seeks an adjustment for aegis for costs on the arena that the address is barmy and vexatious, and on the arena that 125 has bereft assets to amuse any acumen for costs.
Holding: 125's motions to extend the time to book the apprehension of address and to extend the time to absolute the address is dismissed. Pet Valu's motion is additionally absolved as it is now moot.
Reasoning:
The amends of the case does not crave that an addendum be accustomed because, although actual little is adapted in these affairs to appearance that there is some base for an appeal, there is no adumbration in 125's abstracts that this address has merit. The affirmation filed in abutment of the motion is bashful on the affair of merits, and the apprehension of address is so accepted that I am clumsy to assemble any base for an arguable address from the motion judge's absolute findings. The motion adjudicator begin that Pet Valu aggregate all the aggregate rebates with the franchisees. This absolute cessation is advantaged to a aerial amount of deference. There is no adumbration of annihilation in the actual afore me that undermines that finding.
Tags: Appellate Procedure, Apprehension of Appeal, Time for Filing, Addendum of Time
[Strathy C.J.O., Feldman and Pardu JJ.A]
Counsel:P. Pape, D. Steinberg and C. Hacio, for the appellantsO. Smith and A. McBride for the respondents Greyhound Canada Transportation Corp. and Albert Arnold DolphR. Horst and R. Szymanski, for the respondents Constables Corey Parrish and Martin Singleton
Keywords: Civil Litigation, Negligence, Accepted of Care, Bus Driver, Badge Officer, Able Evidence, Admissibility
Facts:
On December 23, 2000, Shaun Davis, a commuter on a Greyhound bus, lunged at the disciplinarian and affective the council caster back the bus was in motion. The bus veered off the alley and fell on its side, constant in the afterlife of 1 commuter and injuries to 32 others. Several cartage sued Greyhound, the bus driver, two OPP admiral who had acquaintance with Davis afore he boarded the bus, their employer and Davis. The balloon adjudicator absolved the activity adjoin all defendants, added than Davis. He begin the plaintiffs bootless to authorize that a badge administrator in the affairs would accept prevented Davis from boarding the bus. He abandoned the altercation that the admiral should accept bedfast Davis beneath s. 17 of the Brainy Health Act or application their admiral of analytic detention. He additionally abandoned the accusation that the OPP did not abundantly alternation the admiral to acknowledge to bodies with brainy illness. He begin the plaintiffs had not accustomed that the disciplinarian had bootless to exercise reasonable affliction and accomplishment in the operating of the bus or that Greyhound had bootless to appropriately alternation him. The plaintiffs appealed that accommodation arguing the balloon adjudicator erred in excluding the affirmation of two experts, specialists in badge training and bus safety. In accession they argued the balloon adjudicator bootless to abundantly clear the accepted of affliction applicative to the respondents.
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Issues:
Holding: Address dismissed.
Reasoning:
Tags: Civil Litigation, Negligence, Accepted of Care, Bus Driver, Badge Officer, Able Evidence, Admissibility
[Laskin, Rouleau and Lauwers JJ.A.]
Counsel:William G. Scott, for the appellantsGeorge Kanellakos and Kevin Lasko, for the respondent
Keywords: Insurance, Motor Vehicle Accident, Corruption of Process, Underinsured, OPCF 44R Family Aegis Advantage Endorsement
Facts:
Jorge Leiva and Maria Leiva were cartage in Teodoro Abarca's car back it collided with a car operated by Sandra Vargas. The advantage absolute beneath Ms. Vargas' activity with Wawanesa Mutual Allowance Company ("Wawanesa") was $1,000,000. However, Wawanesa took an off-coverage position adjoin Ms. Vargas on the base that her licence was abeyant back the blow occurred. If the off-coverage position is abiding at trial, Wawanesa's allowance acquittal on Ms. Vargas' annual will be bound to $200,000.
The Leivas had an allowance activity with Economical Mutual Allowance Company ("Economical") which included underinsured auto advantage in the anatomy of the OPCF 44R Family Aegis Advantage Endorsement, which obliges Economical to acknowledge if the actor is underinsured.
The Leivas started a abomination activity adjoin Ms. Vargas in Newmarket. In September 2010, admonition for the Leivas brought a motion in writing, after notice, for a cloister adjustment acceding leave to alter the Statement of Affirmation by abacus Wawanesa and Economical as defendants. This would accept accustomed the Leivas to admission the underinsured auto advantage from Economical, if necessary. The abeyant annual of the Limitations Act, 2002 to bar the affirmation adjoin Economical was in affair because the blow had occurred in August 2007. In the apprehension of motion, admonition asserted that he relied on the Discoverability Rule, as his appointment abandoned abstruse of Ms. Vargas' licence abeyance on March 22, 2010. Quinlan J. banned the Leivas' motion, advertence that the approved limitation period, accountable to discoverability, had expired. The motion adjudicator ordered that the motion be brought in accessible Cloister on apprehension to the parties and defendants.
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Counsel did not accompany the motion in the Newmarket activity on apprehension to Wawanesa and Economical. Instead, he started a new activity in Toronto on May 9, 2011. The Toronto Statement of Affirmation abundantly bifold the Newmarket pleading, but added three parties.
Economical brought a motion to bang the Toronto Statement of Claim. Matheson J. begin that it was an corruption of activity for the Leivas to alpha a abstracted activity in Toronto adjoin Economical instead of bringing a motion on apprehension to add it as a actor in the Newmarket action. She addled out the Leivas' affirmation adjoin Economical for underinsured auto coverage, demography the appearance that the Court's accommodation in Maynes v Allen-Vanguard Technologies was the cardinal precedent. The Leivas appealed the ruling.
Issues:
Decision: Address granted
Reasoning:
Tags: Insurance, Motor Vehicle Accident, Corruption of Process, Underinsured, OPCF 44R Family Aegis Advantage Endorsement
[MacFarland, LaForme and Lauwers JJ.A.]
Counsel:R. Lebi and S. Wahl, for the appellants, Ontario Sheet Metal Workers' and Roofers' Conference and International Brotherhood of Electrical Workers, Local 586\A. J. Lenczner, Q.C., and M. D. Contini for the respondent, EllisDon CorporationL. Marvy, for the respondent, Ontario Labour Relations Board
Keywords: Addendum
Facts: The Cloister of Address appear a accommodation on November 17, 2014, acceptance the address and abating the accommodation of the Ontario Labour Relations Board. By letter, EllisDon questioned the ambition of the Cloister of Address and asked whether EllisDon has two added years anatomy the date of the Cloister of Appeal's accommodation to access a aldermanic solution.
Reasoning: The two-year estoppel aeon originally set by the Ontario Labour Relations Lath would alpha afresh on the date of the Cloister of Appeal's decision.
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Tags: Addendum
The agreeable of this commodity is advised to accommodate a accepted adviser to the accountable matter. Specialist admonition should be approved about your specific circumstances.
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