The breadth of my legal ability can be partially seen from the list of my Reported Decisions which I am providing herewith. In addition, I have appeared as counsel in numerous unreported cases covering the whole spectrum of commercial law (and one substantial Family Law dispute), as well as several major Arbitrations. Nowadays, the work that I do is unreported – consisting of Mediations, Arbitrations, Factum-Writing, Legal Research and providing Opinions.
List of Reported Decisions
Iroquois Falls Power Corp. v. Jacobs Canada Inc. et al, Ontario Court of Appeal, Laskin, Moldaver and MacPherson JJ.A., 25 June 2009,
Successful Appeal against a refusal to allow certain amendments to be made to a Statement of Claim. Important Decision on the scope of Rule 26.01 of the Rules of Civil Procedure in circumstances where there was admittedly non-compensable prejudice.
Rosser v. Deloitte Touche Tohmatsu LLP and others, Ontario Superior Court of Justice, Morissette J., 1 October 2008
Motions by various overseas Deloitte entities to challenge the jurisdiction of the Ontario Court over them on the grounds, inter alia, that they are not resident in the jurisdiction, that the contract relied on was not made or breached in Ontario and that no damage was sustained in Ontario, even if (which was denied) the contract was breached overseas.
Drady v. Canada (Health), Ontario Court of Appeal, Lang, Juriansz and MacFarland JJ.A., 30 September 2008,
The Court of Appeal upheld the Decision of the Cullity J. (see below) that no private law duty of care is owed by the Crown to individual members of the public in relation to –
• its assumed negligent failure to ensure the safety of TMJ implants in Canada [or the safety of any other medical devices], notwithstanding its knowledge of the dangers posed by the implants;
• its assumed negligent failure to prohibit the use of the devices;
• its assumed negligent failure to warn the public and users about the devices’ risks, notwithstanding that such inaction might have increased the risk of harm to implant users; and
• its assumed negligent failure to ensure compliance with the comprehensive regulatory scheme which it had set up.
Patricia Santagapita v Williams Coffee Pub Inc., Ontario Superior Court of Justice, Leitch J., 2 July 2008
Motion to strike out a Statement of Claim as disclosing no cause of action — where the Plaintiff’s husband, as a prospective franchisee, had entered into a franchise agreement which contained a disclaimer of liability for any negligent misrepresentations by the franchisor. The Plaintiff, who was not a party to the Franchise Agreement, brought this Action for losses which she alleged she had suffered through having put some of her own money into the business in reliance on the franchisor’s alleged pre-contract representations about the profitability of the business. The question on the striking out Motion was whether it was plain and obvious that, in these circumstances, the franchisor did not owe a duty of care in tort to the Plaintiff for her alleged losses.
Iroquois Falls Power Corp. v. Jacobs Canada Inc. et al, Ontario Court of Appeal, Cronk, Juriansz and Watt JJ.A., 28 April 2008
Summary Judgment Appeal involving questions of the applicability of the transitional provisions of the Limitations Act 2002 in relation to s.46(2) of the Professional Engineers Act, which Section was repealed upon the coming into force of the Limitations Act 2002 — in a claim for engineering design negligence and products liability regarding the design and construction of an electricity power plant.
[X] v. [Y] et al, Ontario Superior Court of Justice, Echlin J., 22 April 2008
Ten-day Trial of a dispute between five joint venturers who had purchased a parcel of land for development — involving allegations of seeking secret commissions and breach of fiduciary duties by one of the joint venturers.
Iovine v. Toronto Sun Wah Trading Inc. and Hollend Enterprises Inc., Ontario Superior Court of Justice, Hoy J., 11 December 2007
Class Action certification Motion arising out of an outbreak of Salmonella poisoning in Ontario in the Fall of 2005 which an investigation by Toronto Public Health linked to mung bean sprouts produced by the Defendants.
R. v. Drady, Ontario Superior Court of Justice, Cullity J., 17 July 2007, [2007] O.J. No. 2812
Class Action Certification Motion
Pre-certification striking out Motions by the Crown and the Third Parties (manufacturers, a doctor and a hospital) against the Class Action representative Plaintiff who suffers from the effects of an allegedly defective implant in his temporomandibular joint (“TMJ”), on the grounds that –
– no private law duty of care is owed by the Crown to individual members of the public on account of the way the Crown regulates the TMJ implant industry;
– the representative Plaintiff, Kevan Drady, cannot identify whose TMJ implant he received; and
– the Plaintiff’s claim is against Health Canada (the Crown) only and not also against any of the Third Parties, and then only for Health Canada’s individual/several share of the loss suffered by the Plaintiff and the other members of the Class, with the consequence that there is nothing for Health Canada to claim from the Third Parties.
Goodman and Carr LLP. v. Blue-Dot Consulting Inc. et al, Ontario Superior Court of Justice, Morawetz J., Court File No. 06-CV-318467SR, May 17, 2007
Claim by a solicitor for payment of his Bills by the Directors and Officers of a corporation in circumstances where he had only rendered the Bills to the corporation
Iroquois Falls Power Corp. v. Jacobs Canada Inc. et al, Ontario Superior Court of Justice, Colin Campbell J., March 20, 2007, [2007] O.J. No. 2940; 60 C.L.R. (3d) 163
Limitation of actions issues in a claim for engineering design negligence and products liability regarding the design and construction of an electricity power plant
Bikur Cholim Jewish Volunteer Services v. Langston, Ontario Superior Court of Justice, Greer J., February 5, 2007, [2007] O.J. No. 415
http://www.canlii.org/en/on/onsc/doc/2007/2007canlii2664/2007canlii2664.html
Limitation of actions issues in a claim against the Executors of an Estate for misappropriation of funds
1286110 Ontario Ltd. v. College Manning Professional Centre Inc., Ontario Superior Court of Justice, Divisional Court, Lane J., October 25, 2005, [2005] O.J. No. 4572; 78 O.R. (3d) 463
Lease renewal option dispute
Waxman v. Waxman, Ontario Superior Court of Justice, Commercial List, Farley J., September 1, 2005, [2005] O.J. No. 3773
Application to wind up the operating Company in the Waxman litigation
Mississauga Teachers’ Retirement Village Limited Partnership v. L.M.C. (1993) Ltd., Ontario Court of Appeal, Doherty, Laskin and Juriansz JJ.A., November 4, 2004 [2004] O.J. No. 4493,
Application to sell the property of a limited partnership and to dissolve the limited partnership
Skye Properties Ltd. v. Wu, Ontario Court of Appeal, Catzman, Doherty and Juranisz JJ.A., September 29, 2004, [2004] O.J. No. 3948; 6 C.P.C. (6th) 205
Appeal from the Divisional Court Judgment upholding the disqualification of a lawyer and his law firm from representing the Defendant as a result of the Firm’s merger with another law firm
Skye Properties Limited et al. v. Wu, August 12, 2003, [2003] O.J. No. 3481; 43 C.P.C. (5th) 118, 247 D.L.R. (4th) 151, Ontario Superior Court of Justice, Divisional Court, Blair, Lane and Wright JJ
Divisional Court Judgment upholding the disqualification of a lawyer and his law firm from representing the Defendant as a result of the Firm’s merger with another law firm
McArthur v. McArthur, Ontario Court of Appeal, Austin, Charron and Armstrong JJ.A., December 3, 2002, [2002] O.J. No. 4671
Solicitor — Negligence — Undertaking — Breach of undertaking — Whether duty of care owed to third party
College of Physicians and Surgeons of Ontario v. Payne et al., September 19, 2002, [2002] O.J. No. 3574; 219 D.L.R. (4th) 350, Ontario Superior Court of Justice, Divisional Court, Lane, Lax and Panet JJ
Appeal by the College of Physicians and Surgeons of Ontario (“the College”) from a decision of the Health Professions Appeal and Review Board ordering the College to issue a certificate of registration to the Respondent doctor to practise medicine in Ontario
Prudential of America Life Insurance Co. (Canada) v. Bronfman et al., Ontario Superior Court of Justice, Master Polika, May 14, 2002, [2002] O.J. No. 2086, 114 A.C.W.S. (3d) 393
Motion arising from Examinations for Discovery in a case where an insurance company had voided a Policy of life insurance on the ground of alleged material non-disclosure in the application process
Skye Properties Ltd. v. Wu, Ontario Superior Court of Justice Commercial List., Farley J., December 8, 2001, [2001] O.J. No. 5095; 57 O.R. (3d) 46
Disqualification of a lawyer and his law firm from representing the Defendant as a result of the Firm’s merger with another law firm
Eversoft Fibre & Foam Ltd. v. James et al., Ontario Superior Court of Justice, LaForme, J., September 17, 2001, [2001] O.J. No. 3741, 108 A.C.W.S. (3d) 363
Application for an injunction against a former employee who used confidential information and solicited the customers of his former employer — Injunction granted
Flaska Estate (Re), Ontario Superior Court of Justice, Haley J., June 1, 2001, [2001] O.J. No. 2176; 39 E.T.R. (2d) 171
Estate administration — Passing of accounts — Notices of Objection to the accounts were filed by the Children’s Lawyer, the Public Guardian and Trustee and one of the income beneficiaries
Ghazouli v. Brandselite International Corp, Ontario Superior Court of Justice, Backhouse, J., April 6, 2001, [2001] O.J. No. 1282, 104 A.C.W.S. (3d) 259,
Application by the ex-Chairman of a corporation for the enforcement of certain payment provisions of a “Termination of Employment Agreement”, notwithstanding his resignation as the Chairman of the corporation – rejection of the corporation’s defence that the Chairman’s resignation was a fundamental breach of this Agreement which disentitled him to the payments
Gurrieri v. Gurrieri et al., Ontario Superior Court of Justice, Cullity, J., March 29, 2001, [2001] O.J. No. 1147, 104 A.C.W.S. (3d) 239
Application for a Certificate of Pending Litigation (“CPL”) by the owner of a beneficial half-interest in property which was sold by the trustee without the beneficiary’s knowledge – A CPL granted over property purchased with the proceeds of sale
Goft et al. v. 1206468 Ontario Ltd. et al., Ontario Superior Court of Justice, Swinton, J, January 16, 2001, [2001] O.J. No. 126; 11 B.L.R. (3d) 131
Application under the winding-up and oppression remedy sections of the OBCA of a joint venture arrangement between two corporations
Bank Leu AG v. Gaming Lottery Corp. et al., Ontario Superior Court of Justice, Divisional Court, O’Driscoll J., December 20, 2000, [2000] O.J. No. 4854; 101 A.C.W.S. (3d) 1058
Application for Leave to Appeal an Order dismissing a Motion for Summary Judgment in an oppression remedy Action brought by a Swiss bank to whom some shares in a Canadian public company had been pledged by a customer of the Bank as a part of the security for a US $5 million loan on which the borrower subsequently defaulted – and the Company refused to allow the Bank to realize on the pledged shares because they had never been paid for and had not been validly issued
Bunzl Canada Inc. et al. v. Balpex Inc., Ontario Superior Court of Justice, Spence, J., November 8, 2000, [2000] O.J. No. 4264, 101 A.C.W.S. (3d) 61
Application for an Order regarding the interpretation of the Rebates provisions in an Agreement between a buying group corporation and one of its members
Cook v. Arenson, Ontario Superior Court of Justice, Cameron, J., October 18, 2000, [2000] O.J. No. 4160
Motions by clients of various solicitors for Orders assessing the solicitors’ 1997 Bills at specific amounts based only on the amounts docketed by the solicitors to the clients’ respective docket accounts and excluding any amounts docketed to general dockets which might benefit some or many of the solicitors’ clients with actions based on their becoming HIV positive by reason of blood transfusions in the early 1980s
Auction Finance Group Ltd. et al. v. Dickenson (Bob) Auction Service Ltd. et al., Ontario Superior Court of Justice, C. Campbell, J., September 11, 2000, [2000] O.J. No. 3384, 99 A.C.W.S. (3d) 536
Opposition to an Application for an Order appointing an Arbitrator without provision of documentation in a previous arbitration involving only one of the same Parties on the ground that the documentation was relevant to the submission that the appointment of the Arbitrator would result in a multiplicity of proceedings
Joncas v. Spruce Falls Power & Paper Co., Ontario Superior Court of Justice, Cumming J., May 15, 2000, [2000] O.J. No. 1721, 48 O.R. (3d) 179
Oppression remedy Application by employees who had an expectation of receiving shares on a corporation’s reorganization – Application dismissed
Bank Leu AG v. Gaming Lottery Corp. et al., Ontario Superior Court of Justice, Divisional Court, O’Driscoll, Marchand and Aitken JJ., April, 3, 2000, [2000] O.J. No. 1137, 95 A.C.W.S. (3d) 826
Appeal against an Order that privilege had been waived by a client of a lawyer who put in issue its state of mind or knowledge with respect to matters on which it alleged breach of duty by its solicitors to warn of the risks of entering into a certain transaction – The Appeal dealt with the extent or scope of the waiver
Bank Leu AG v. Gaming Lottery Corp. et al., Ontario Superior Court of Justice, Ground J., 26 October 1999, [1999] O.J. No. 3949, 43 C.P.C. (4th) 73
Practice — Discovery — What documents must be produced — Privileged documents, attorney-client communications — Privileged documents, documents prepared in contemplation of litigation — Privileged documents, waiver.
Sloven v. Ball, Ontario Divisional Court, Steele, A.G. Campbell and Somers JJ., October 8, 1997, [1997] O.J. No. 4375; 20 E.T.R. (2d) 74
Appeal from a Decision invalidating a Will which had been drafted by a lawyer who was the daughter of the residuary beneficiary
Wainberg v. Toronto Sun Publishing Corp. et al, Ontario Court of Justice (General Division), Thomson J., April 30, 1997, [1997] O.J. No. 2320
Defamation claim against a newspaper and one of its journalists
Litowitz v. Standard Life Assurance Co. (Trustee of); Vale v. Sun Life Assurance Co. of Canada, Court Of Appeal for Ontario, Robins, Finlayson and Weiler JJ.A., October 31, 1996, [1996] O.J. No. 3816, 30 O.R. (3d) 579; 143 D.L.R. (4th) 77; Leave to appeal to the S.C.C. refused with costs, April 17, 1997
Appeals regarding the extent or scope of the rule that the statutory right to prepay a mortgage of more than five years is not available to corporations — The Appeal dealt with the question whether individuals who were beneficial owners of mortgages were entitled to rely on the statutory prepayment rights when their mortgages were given by corporations acting as their nominee or trustee
Counsel Holdings Canada Ltd. v. Chanel Club Ltd., Ontario Court (General Division), Adams J., April 10, 1997, [1997] O.J. No. 1428; 33 O.R. (3d) 285
Dispute between a mortgagee and the Ontario New Home Warranty Program (“ONHWP”) to determine which of them had priority to the proceeds of a receivership which arose from the insolvency of a condominium developer in circumstances where the mortgagee held the first registered mortgage on the lands which were realized upon in the receivership, but ONHWP claimed priority to a portion of the proceeds on the basis that it was subrogated to the lien claims of purchasers arising from their deposits made at the time of purchase of the proposed condominium units
Peerless Carpet Corp. v. Geffen’s Carpet World Inc., Ontario Court (General Division), Master Clark, December 20, 1996, [1996] O.J. No. 4662, 68 A.C.W.S. (3d) 151
Motion for Summary Judgment on a guarantee given by a Director of a corporation in respect of the debts of the corporation to the Plaintiff – The Court rejected the Director’s defence that he was enticed to sign the guarantee on the promise of a new and additional line of credit but that such line of credit was not extended to him and that, after he signed the guarantee, the Plaintiff refused to ship goods to him or as he directed
Citibank Canada v. Confederation Life Insurance Co. (Liquidation) et al., Ontario Court of Justice (General Division), Blair J., October 2, 1996 , [1996] O.J. No. 3409, 42 C.B.R. (3d) 288
Difficult issues of set-off between Confederation Life Insurance Company (“CLIC”) and Citibank in the winding up of CLIC — CLIC had certain monetary obligations to Citibank and Citibank in turn, owed money to Confederation Life — The question was whether Citibank was entitled to set off those cross-obligations in its dealings with the Liquidator
Novopharm Ltd. v. Apotex Inc., Ontario Court of Appeal, McMurtry C.J.O., Labrosse and Weiler JJ.A., June 3, 1996, [1996] O.J. No. 2029, 68 C.P.R. (3d) 238
Appeal from a Judgment dismissing an application for reimbursement from one generic drug manufacturer, Apotex, of legal expenses incurred by another generic drug manufacturer, Novopharm, in defending its licences for generic drugs where the two companies had an Agreement providing for reimbursement in certain specified circumstances
Novopharm Ltd. v. Apotex Inc., Ontario Court (General Division), MacPherson J., March 22, 1995, [1995] O.J. No. 762, 60 C.P.R. (3d) 345
Dismissal of an application for reimbursement from one generic drug manufacturer, Apotex, of legal expenses incurred by another generic drug manufacturer, Novopharm, in defending its licences for generic drugs where the two companies had an Agreement providing for reimbursement in certain specified circumstances
Kik Corp. v. 561485 Alberta Ltd., Ontario Court (General Division), Hawkins J., January 25, 1995, [1995] O.J. No. 208, 53 A.C.W.S. (3d) 52
Conflict of laws — Forum non conveniens — Stay of proceedings – The Plaintiffs were an Alberta corporation and an Ontario corporation registered in Alberta – The Defendants were an Alberta corporation and a resident individual – The Contract was made in Alberta, was expressly governed by Alberta law, and the price was to be paid there – The Ontario action was stayed