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The Ontario Court of Appeal dismissed an estate trustee’s appeal from summary judgment, holding the respondent lawyer owed no duty or fiduciary duty and the claim was time-barred.
The appellant was notified of the respondent's reconsideration decision on October 28, 2022 and did not file the Notice of Appeal until September 6, 2024, which exceeds the one‑year limit in subsection 52(2) of the DESD Act; therefore the appeal is time‑barred and the Tribunal lacks jurisdiction to hear it.
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The Federal Court granted summary judgment in part, finding ambiguity about the first advance’s payment date created a limitation issue, but allowed judgment on the second advance.
Intact failed to commence its subrogated claim within the limitation period and could not cure that failure by seeking intervenor status; because insureds are not obliged to include an insurer's claim, Intact's subrogated claim is time‑barred and the appeal is dismissed.
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Assessment of special costs arising from a joinder application. The registrar reduced the fees claimed and awarded Marti Katerberg $60,000 plus taxes, plus disbursements and assessment costs.
The limitation period began no later than May 2009 when the appellant knew the material facts of her loss; MFDA letters in 2011 did not supply new facts or delay accrual; therefore the action, commenced in January 2012, was statute-barred and summary judgment dismissing it was correct.
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Appeal dismissed because appellant failed to adduce expert evidence establishing the standard of care and no applicable exception applied, he did not prove causation or breach of fiduciary duty, the claim was barred by the limitation period, and the trial judge's costs award was reasonable; leave to appeal costs was refused and appeal costs were fixed at $28,000.
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A pre-trial application to transfer a personal injury action to Provincial Court was dismissed after a mistrial, with costs awarded as costs in the cause.
The court interpreted an aircraft-rebuild agreement and held that, because a Bush Hawk 2E conversion was not feasible, the defendants satisfied their obligation by returning SVD in improved condition.
The appeal is allowed in respect of Kasyanenko because the motion judge's reasons dealt only with Granofsky, Kasyanenko had been served, is the alleged debtor, and would not be prejudiced by reinstatement; accordingly the order against Kasyanenko is set aside and the action reinstated with 45 days to file a statement of defence, without prejudice to a limitation defence.
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