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The Ontario Court of Appeal dismissed an appeal in a loan default and guarantee case, upholding summary judgment for the bank and awarding costs of $7,500.
The Court of Appeal allowed the appeal, set aside the order dismissing the application, and remitted the lease-interpretation dispute for a new hearing.
The Court of Appeal for Ontario dismissed Tehama Group Inc.’s appeal from the dismissal of its application to set aside an arbitral award under the UNCITRAL Model Law.
Applying Rule 14-1(3) and related authority, the registrar concluded that defendant Hardip's repeated disclosure failures, lack of candour and fabricated/reconstructed evidence unjustifiably lengthened the litigation and warranted special costs. The registrar allowed special costs for the action through assessment but applied a small reduction to the amount claimed to account for fees potentially attributable to appearances for which costs were not awarded or for appeals. The proper award after assessment was $260,000 inclusive of disbursements, taxes and assessment costs, and the registrar d…
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The Ontario Court of Appeal dismissed an appeal in a bank collection dispute, finding the appellants were in default and that the counterclaim disclosed no reasonable cause of action.
Court found ICBC, Wright and Epstein breached duties to Lau (ICBC and Wright breached duty of utmost good faith and failed to investigate; Epstein breached retainer by failing to advise and act regarding the November 17, 2015 offer). However claims against ICBC and Wright are statute-barred by the Limitation Act as discovered by August 31, 2017. Causation for full avoidance of loss was not proven on balance of probabilities, but the court found defendants' breaches caused a lost chance to avoid or reduce loss and awarded loss-of-chance damages of 15% of Lau's shortfall against Epstein alone (…
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The Adjudicator correctly applied s.8(2)(d) by finding discoverability was delayed until late October 2023 because the claimant reasonably relied on the defendant's superior roofing expertise and ongoing remedial efforts and only when the defendant ceased communications and services and the roof deterioration became 'significant' did the claim become sufficiently serious to warrant proceedings; accordingly the action filed in April 2025 was within the two-year limitation period and the appeal fails.
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The Court of Appeal dismissed the appeal, upholding dismissal of the action as statute-barred and awarding the respondent $8,000 in costs.
The Court of Appeal dismissed Intercity’s appeal, holding that the TRREB arbitration finally determined the commission dispute and barred relitigation against Salerno.
Fox Island proved the statutory requirements for a bankruptcy order: an act of bankruptcy was conceded and the petitioner proved indebtedness in excess of $1,000; petitioning creditor was not required to value security held against third‑party corporate debtors; respondent failed to establish that his counterclaims were bona fide and would eliminate the indebtedness to below $1,000; the adjournment and request to cross‑examine were unjustified and the court declined to exercise its discretion to dismiss or stay the petition; accordingly a bankruptcy order was granted against the respondent.
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