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Canada decisions
Decisions matching the current search
The Ontario Court of Appeal dismissed an appeal over whether a $400,000 unsecured line of credit was personal or corporate, finding no reversible error in the trial judge’s factual findings.
Ontario Court of Appeal dismissed a Crown appeal from acquittals on assault, choking and sexual assault charges, finding no legal error in the trial judge’s reasons.
Yates v. British Columbia (Civil Resolution Tribunal)
The interim stay is vacated because the petition is premature given the CRT has not rendered a final decision, the applicant cannot demonstrate irreparable harm (monetary benefits are remediable), and the balance of convenience favors allowing the CRT to proceed; prohibition against adverse inference is premature and improper because such inferences are legally possible and reviewable after a final decision; mandamus is unavailable because the CRT has exercised discretion and has not refused to decide nor acted in bad faith.
Source excerpt
On the evidence the plaintiff failed to prove on a balance of probabilities that either Dr. La Berge or IHA breached the applicable standard of care or that any such breach caused the plaintiff's bowel injury; the court accepted defendant expert evidence that Dr. La Berge met the standard of care and that IHA's MDR practices met the standard; informed consent was given or, objectively, the plaintiff would have proceeded in any event; claim dismissed.
Source excerpt
Although defence counsel's mitigation submission lacked evidentiary foundation and was improper, the prejudice was remediable by corrective jury instructions (including a directive to ignore the mitigation submission and a warning against speculation); the defendant retains the burden to prove failure to mitigate and extent of loss reduction, and absent evidence of specific alternate employment the jury should not speculate, so dismissal of the mistrial application was justified.
Source excerpt
Defendant breached express trust obligations by failing to account for mortgage proceeds and commingling funds; plaintiffs entitled to adjusted division of sale proceeds and restitution; defendant failed to prove entitlement to claimed interest and settlement offsets; counterclaims dismissed and distribution of funds ordered as set out by the court.
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Ontario Court of Appeal dismissed a medical negligence appeal, upholding findings that Dr. Vasiliou’s delays in intubation and escalation caused Ms. Gumbley’s brain injury.
Appeal dismissed in a share-transfer dispute. The Court upheld the chambers judge’s reading of Yellow Cab’s articles and found no basis for adverse inference or fiduciary breach.
Motor vehicle accident damages case in which the plaintiff was awarded $2,828,402.58, including future income loss, housekeeping loss, future care, and in-trust awards.
Family law trial on divorce, property division, debt, spousal support and contempt. The court granted divorce, divided assets and debts, and awarded lump-sum spousal support.
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