P was retained by the defendant law firm through P’s company, the plaintiff, to provide an expert opinion in a class proceeding. When the defendant failed to pay the account, the plaintiff brought an action for damages in the amount of the account (plus accrued interest under the contract), plus HST, and for prejudgment interest… Continue reading Puri Consulting Ltd. v. Kim Orr Barristers PC, 2015 ONCA 727
The plaintiff claimed that the defendant deceived him into having recreational sexual intercourse which, contrary to his wishes, resulted in the birth of a child. He sued the defendant for negligent misrepresentation, seeking $4 million in damages for non-pathological emotional harm caused by unplanned parenthood. The defendant brought a motion to strike the statement of… Continue reading P. (P.) v. D. (D.), 2016 ONSC 258
The defendant published comments about the plaintiff on Facebook describing him as an extortionist who was obsessed with becoming a millionaire. The plaintiff sued the defendant for damages for defamation. Held, the action should be allowed. The statements complained of were defamatory. The plaintiff was awarded general damages in the amount of $15,000 and aggravated… Continue reading Kumar v. Khurana, 2015 ONSC 7858
The parties’ father, DF, made three transfers of money to the defendant and made a bequest to her of his Canada Savings Bonds. The first transfer involved the proceeds of a mature bond, which were used to purchase a GIC in the defendant’s name. When the GIC matured, the principal and interest were deposited into… Continue reading Foley v. McIntyre, 2015 ONCA 382
The plaintiff was injured while working as a go-kart race director when a driver crashed into hay bales lining a corner of the track. The plaintiff had signed a waiver which purported to release his employer from liability for damages associated with participation in the event due to any cause. The plaintiff, who was an… Continue reading Fleming v. Massey, 2016 ONCA 70
The plaintiff and the defendant had a close personal and romantic relationship of some duration. After the 18-year-old plaintiff went away to university, the defendant pressured her to provide him with an intimate video of herself, assuring her that only he would see it. She reluctantly did so. The same day he received it, the… Continue reading Doe 464533 v. D. (N.), 2016 ONSC 541
The plaintiff franchisor sued the defendant franchisees for a declaration that the franchise agreement was at an end and damages for breach of contract. The franchisees counterclaimed, claiming rescission of the franchise agreement under s. 6(2) of the Arthur Wishart Act (Franchise Disclosure), 2000 on the basis of the franchisor’s failure to disclose the existence… Continue reading Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., 2015 ONCA 258
Two separate actions were commenced for damages for breach of contract and unjust enrichment arising out of tax consulting services allegedly performed by A for the defendant. The first action was commenced by 131, a company of which A was a principal and shareholder, as the sole plaintiff. The second action was commenced by A… Continue reading 1318847 Ontario Ltd. v. Laval Tool & Mould Ltd. 2017 ONCA 184
Contribution & Indemnity Contribution rights of a party only arises where the party could be required to pay more than its proportionate share of a plaintiff’s damages. The Court of Appeal’s decision in Taylor v. Canada (2009), 95 O.R. (3d) 561, (2009) O.J. No. 2490 (C.A.) makes it clear that contribution rights only arise where… Continue reading Allianz Global Risks US Insurance Co. V. Nalco Chemical Co. (2014) ONSC 4302
*Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789 The plaintiff was given two years’ working notice of termination in March 2013. He continued working for the entire notice period. In December 2015, he commenced an action for damages for wrongful dismissal. He also asserted claims for severance pay, intentional infliction of… Continue reading Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789
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