Cases

During my career, I have been involved in many cases in a wide variety of different areas. What follows are a sample of some of these cases.

Van Breda v. Village Resorts Limited (2010) ONCA 84 (C.A.): Order made dismissing appeals challenging the jurisdiction of Ontario Courts for accidents occurring outside the Province. Represented the Ontario Trial Lawyers Association as an intervenor on the appeals.

Legroulx v. Pitre (2009) ONCA 760 (C.A.): Order dismising an appeal alleging that the discretion of a trial judge to strike out a jury on grounds of complexity was unconstitutional. Represented the Ontario Trial Lawyers Association as an intervenor on the appeal.

Canady v. Tucci (2009) ONCA 686 (C.A.): Order made dismissing an appeal in a medical malpractice action.

In the Matter of An Application Under Section 123 of the Youth Criminal Justice Act, Re J.D. (August 20, 2009, Ontario Court of Justice) Order made refusing production of records compiled in a prosecution under the Youth Criminal Justice Act for use in a civil proceeding.

Van Breda v. Village Resorts Limited (August 6, 2009, Ont. C.A.): Order made granting leave to intervene to the Ontario Trial Lawyers Association in appeals concerning the jurisdiction of Ontario Courts for accidents occurring outside the Province.

Canady v. Tucci (2009), ONCA 554 (C.A.): Appeal ruling that the Court of Appeal has jurisdiction to hear an appeal of a judgment in a medical malpractice claim.

Silvestri v. Hardy (2009), 95 O.R. (3d) 555 (C.A.): Appeal allowed in a claim involving the jurisdiction of the Ontario Courts for a motor vehicle accident in Michigan. The Court of Appeal held that the claim could proceed in Ontario.

R. v. Nusrat (2009), 239 C.C.C. (3d) 309 (Ont. C.A.): Sentence appeal brought by the Crown in a case involving a charge of criminal negligence causing death by street racing, in which a conditional sentence was set aside.

Dyett v. Haines (2008), CanLII 56931 (Div. Ct.): Leave to appeal dismissed by the Divisional Court from an order setting aside a judgment obtained without notice in an Estate action.

Dyett v. Haines (September 10, 2008, Superior Court of Justice): Order made setting aside a judgment obtained without notice in an Estate action.

R. v. F. (M.) (June 24, 2008, Superior Court of Justice): Trial and acquittal entered on multiple charges of historical sexual assault.

R. v. F. (M.) (May 15, 2008, Superior Court of Justice): Application brought and granted for production of third party records on charges of historical sexual assault.

Lovsin v. Hodgins Estate (2008), 39 E.T.R. (3d) 170 (C.A.): Appeal dismissed in an appeal involving a claim against an estate for unjust enrichment.

Legroulx v. Pitre, [2008] O.J. No. 443 (S.C.J.): Constitutional application to declare that the discretion of a trial judge to strike out a jury on grounds of complexity was contrary to the Charter of Rights. Represented the Ontario Trial Lawyers Association as an intervenor on the application.

Re Taylor Estate (2007), CanLII 23178 (S.C.J.): Order made appointing an Estate Trustee and providing directions for the conduct of a trial in an Estate action.

Chaudhry v. Beck Taxi Limited (2007), 56 C.C.E.L. (3d) 200 (Div. Ct.): Order made dismissing an appeal brought by the Defendant in an action for wrongful termination.

Chaudhry v. Beck Taxi Limited (2006), 50 C.C.E.L. (3d) 138 (S.C.J.): Judgment awarded for punitive damages in an action for wrongful termination.

Blasdell v. Ontario Labour Relations Board (2006), 207 O.A.C. 50 (Div. Ct.): Order dismissing an application for judicial review in a claim against a Union for breach of a duty of fair representation.

Doiron v. Bugge (2006), 258 D.L.R. (4th) 716 (Ont. C. A.): Appeal dismissed in an action involving the jurisdiction of the Ontario Courts for a motor vehicle accident in New York State.

R. v. Afshari (December 8, 2005, Superior Court of Justice): Conviction set aside and stay of proceedings entered in an appeal of charges of sexual assault.

Chaudhry v. Beck Taxi Limited (July 13, 2005, Superior Court of Justice): Order made striking out paragraphs of a Statement of Defence and determining the importance of pleadings in an action under the Simplified Rules.

Guzha v. Eclipse Colour & Imaging Corp., [2005] O.J. No. 330 (Superior Court of Justice): Order made determining that claims of up to $50,000.00 can be made against separate Defendants in an action brought under the Simplified Rules.

Guzha v. Eclipse Colour & Imaging Corp., [2004] O.J. No. 5686 (Superior Court of Justice): Order made for production of files and decision determining the importance of documentary disclosure in action brought against an employer and insurer under the Simplified Rules.

Lenahan v. Canadian Auto Workers Local 222, [2004] O.L.R.B. Rep. 591: Order declaring that a Union failed to properly represent a Union member and an order made that a grievance filed by the member proceed to arbitration.

Al Resiman Management Limited v. Poombhuhar Traders Inc. (October 1, 2003, Superior Court of Justice): Order made setting aside a certificate of pending litigation on the basis of failure to make full disclosure of material facts on the initial application for the certificate.

Lenahan v. Canadian Auto Workers Local 222 (September 11, 2003, Ontario Labour Relations Board): Order made for the production of files of a Union and an Employer in a claim for improper representation brought by a Union member.

Children’s Aid Society of Northumberland County v. K.L.H., [2002] O.J. No. 1257 (Superior Court of Justice): Order made setting aside a finding that two children were in need of protection and returning the children to the care and custody of their mother.

Children’s Aid Society of Northumberland County v. K.L.H., [2002] O.J. No. 245 (Superior Court of Justice): Order made re-opening a trial after a finding that two children were in need of protection.

Cross v. Canada Life Assurance Co. (2002), 16 C.C.E.L. (3d) 310 (S.C.J.): Aggravated damages awarded in an action against an insurer for the payment of long-term disability benefits.

Bell’O International LLC v. Flooring & Lumber Co. (2001), 11 C.P.C. (5th) 327 (S.C.J.): Anti-suit injunction granted to prevent a U.S. supplier from commencing an action in the United States against a Canadian contractor.

Bell’O International LLC v. Flooring & Lumber Co. (November 2, 2000, Superior Court of Justice): An application for an injunction to restrain a Canadian contractor from selling the products of a U.S. supplier was dismissed.

Curry v. Hubbell Canada Inc. (June 6, 2000, Superior Court of Justice): Appeal ruling striking out paragraphs in a Statement of Defence which referred to offers of settlement made before the commencement of the action.

Tamil Co-operative Homes Inc. v. Arulappah (2000), 49 O.R. (3d) 566 (C.A.): Appeal by a non-profit housing Co-operative dismissed as moot.

Tamil Co-operative Homes Inc. v. Arulappah (1999), 44 O.R. (3d) 120 (Div. Ct.): Appeal ruling determining that a Board of Directors of a non-profit housing Co-operative was required to prove the grounds for termination of a Co-operative member and that the Court should not defer to the decision of the Board of Directors.

Miglionico v. Petro-Canada Inc. et. al. (May 1, 1997): Jury trial finding that a contractor responsible for salting and sanding a gas station was not liable for injuries sustained in a slip and fall accident.

Collict v. Loblaws Supermarket Ltd., [1995] O.J. No. 4168 (Gen. Div.): Award of damages in an action involving a slip and fall in a supermarket.

Hu v. Metropolitan Toronto Housing Authority, [1994] O.J. No. 664 (Gen. Div.): Abatement of rent ordered and right of first refusal granted for breach of the covenant of quiet enjoyment in a claim by a tenant against a residential landlord.

R. v. Wright (1994), 73 O.A.C. 158 (C.A.): Conviction set aside and a new trial ordered on charges of historical sexual assault.

Re Wright Estate (1992), 43 E.T.R. 69 (Gen. Div.): Trial involving the passing of accounts of the executors of an estate in which the accounts were substantially reduced.

Pomer v. Zeppieri (1992), 8 O.R. (3d) 215 (Gen. Div.): Order made for the review and production of files in an action involving the dissolution of a law partnership.

Kim v. Yun (1991), 4 O.R. (3d) 455 (Gen. Div.): Order made determining the choice of law in an action involving a motor vehicle accident in the Province of Ontario.

Appleton v. Hawes (1990), 46 C.P.C. (2d) 107 (Gen. Div.): Order made for review of a former solicitor’s files in a complex commercial dispute.

Domowicz v. Orsa Investments Ltd. (1989), 16 W.D.C.P. 97 (C.A.): Summary judgment set aside and trial ordered in an action involving the purchase of a commercial building.

R. v. Kalsi, [1989] O.J. No. 686 (Ont. C.A.): Conviction set aside and acquittal entered on a charge of threatening death.