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The Court of Appeal for Ontario dismissed an appeal over economic tort, fiduciary duty, non-competition and bonus disputes, and upheld costs awards to the respondents.
The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.
Ontario Court of Appeal dismissed an appeal over boat ownership, finding a contract of sale, no joint venture, and no reversible error on fiduciary duty, defamation, damages, or costs.
Court found defendants liable for negligence and breach of fiduciary duty: the Amended SOC contained a factual error (B Claims misdescribed as held in trust for Boss) caused by defendant counsel's failure to verify and to account for prior file materials; that error foreseeably gave the beneficial owner leverage, caused settlement complications and payments; causation established; but plaintiffs bore 50% contributory negligence for failures to detect and mitigate; court applied a $2,000,000 'but for' deduction (likely value that would have been paid for B Claims absent the error), reduced rec…
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Material facts must be pleaded for non-family civil claims in family proceedings; where pleadings contain no material facts the court may consider affidavit evidence to test whether claims are 'capable of being repaired' and whether they are bound to fail. Applying the law to the facts before the court, the judge struck or dismissed the non-family claims: all of Nancy's civil claims were struck; all but two of Anshan's civil claims were struck; the two surviving Anshan claims (conspiracy against Hans and breach of contract against CIBC) were dismissed on summary trial because Nancy's contrave…
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The application to add Mixtec as a defendant is dismissed because the proposed amended pleadings fail to particularize the necessary elements of knowing assistance and knowing receipt and lack specific allegations against Mixtec for any conspiracy; the deficiencies render the claims destined to fail and amendment is refused with liberty to reapply on a revised pleading addressing specificity and necessary elements.
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The Court certified the action as a class proceeding because the pleadings, read generously and assuming pleaded facts true, disclose viable causes of action for negligence, breach of fiduciary duty, misfeasance in public office against Canada and the Province in respect of post-immunity periods and as to the Indigenous Subclass, battery/medical negligence and breach of fiduciary duty against Dr. MacKenzie as properly pleaded, there is some evidence of an identifiable class and Indigenous subclass of two or more, and the claims raise common issues the determination of which will materially ad…
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The court granted the adjournment because the November 2025 amendments (and contemplated further amendments) materially altered the scope of the dispute, creating a need for additional document production, examinations and expert work; requiring trial to proceed on June 1, 2026 would unfairly prejudice the defendants and compromise a fair trial; the Redcell Defendants' extensive response was procedurally irregular but permitted on the facts; accordingly the adjournment was necessary and appropriate, with the new trial to be scheduled as soon as mutually convenient and set peremptorily on all…
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The attorney breached fiduciary duties by making and failing to satisfactorily account for large transfers and payments that were not reasonable or necessary for the deceased's benefit; the court disallowed disputed business advances, unsupported cash withdrawals, bank transfers and e-transfers and found the attorney liable to account to the Estate for $280,180.41, while allowing a limited subset of point‑of‑sale expenses as reasonably incurred.
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The Court of Appeal upheld findings of an oral partnership and most damages issues, but requested further submissions on income-tax deductions in the profit calculation.
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