Major Reported Cases:

CONSTITUTIONAL LAW

Re: Walker and City of Chatham (1982), 37 O.R. (2d), 325 (Div. Ct.), revsd. 41 O.R. (2d) 9
Issue: Leave to Appeal, Supreme Court of Canada, refused, Division of Powers, Whether Height Restriction Controls By-laws in Relation to Municipal Airports, Matter of Aeronautics, Federal or Provincial Jurisdiction

50478 Ontario Ltd. v. Ontario Labour Relations Board (1986), 56 O.R. (2d) 71; (1990), 56 O.R. (2d) 781 (C.A.)
Issue: Division of Powers, Whether Jurisdiction Over Labour Relations on Fishing Vessels on the Great Lakes Matter of Federal of Provincial Jurisdiction

Jones v. Attorney General for Ontario (1988), 65 O.R.(2d) 737; aff'd. 7 O.R. (3d) 22 (C.A.)
Issue: Charter of Rights, Freedom of Expression, Provincial Legislation Requiring Municipal Employee to Resign from Employment if Elected to Municipal Office, Whether Violates Freedom of Expression, Freedom of Association or Equality Rights, Appeal Pending to Court of Appeal

Re Ontario English Catholic Teachers Association et al and Essex County Roman Catholic Separate School Board (1987), 58 O.R. (2d) 545 (Divisional Court)
Issue: Charter of Rights, Application, Policy of School Board to Retire Employees at Age 65, Whether Employment Policy "Law" Within Meaning of Charter, Whether Violates Equality Rights of Section 15 of the Charter

Re 538745 Ontario Inc. and City of Windsor, Charter of Rights,
Issue: Equality Rights, Municipality Regulating Adult Entertainment Parlours by Prohibiting Operations in Certain Areas, Whether Infringement of Equality Right, Division of Powers, Whether By-law in Pith and Substance Matter of Federal or Provincial Jurisdiction

R. v. Dalzell 2 O.R. (3d) 498 (C.A.)
Issue: Charter of Rights, Fundamental Rights, Identity of Accused in Sexual Assault Case

Batchewana Indian Band v. Canada [1994] 1 F.C. 394
Issue: Charter of Rights, Equality Rights, Voting Requirements for Non-resident Band members

Vanderschot, Horne and Dempsey v. North Easthope [1996] O.J. No. 856; DRS 96-07174 (Ont. C.A.)
Issue: Constitutional Law, Division of Powers, Aeronautics, Delegation of Powers by Federal government to Municipality to pass zoning by-law regulating airspace over airport

Tucker v. Canada (Attorney General) [2006] O.J. No. 3756
Issue: Constitutional law — Canadian Charter of Rights and Freedoms — Legal rights — Life, liberty and security of person — Privacy — Protection against unreasonable search and seizure — Parties investigated by CRA did not have claim for breach of rights, where investigation conducted according to procedures and search warrant, later determined invalid, believed to be valid at time executed. Damages — Psychological injuries — Post-traumatic stress disorder — Party subject to investigation, search and seizure by CRA not compensated for post-traumatic stress disorder — While incident might have caused stress, party did not suffer from disorder. Tort law — Trespass — Parties investigated by CRA did not have claim for trespass, where investigation conducted according to procedures and search warrant, later determined invalid, believed to be valid at time executed. Tort law — Invasion of privacy — Surveillance — Parties investigated by CRA did not have claim for invasion of privacy, where investigation conducted according to procedures and search warrant, later determined invalid, believed to be valid at time executed. Tort law — Abuse of legal procedure — False arrest or imprisonment — Malicious prosecution — Parties investigated by CRA did not have claim for false arrest where no one told them to stay in house — Parties investigated by CRA did not have claim for malicious prosecution, where investigation conducted according to procedures.

ADMINISTRATIVE AND MUNICIPAL LAW

Larson v. City of Windsor (1980), 29 O.R. (2d) 699 (Divisional Court)
Issue: Expropriation, Injurious Affection Where No Taking, Nuisance, Loss of Access

Robert Girard et al and City of Windsor v. Canadian Transport Commission (1980), 1 F.C. 62 (Federal Court of Appeal)
Leave to appeal to Supreme Court of Canada denied
Issue: Administrative Law, Bias, Natural Justice, Error of Law

Teamsters Local 880 v. I.C.L. (1980), 29 O.R. (2d) 766 (Ontario Divisional Court)
Issue: Labour Law, Arbitrations, Judicial Review, Error of Law on Face of Record

Colautti v. I.U.O.E. Local 793 [1986] O.J. 1211
Issue: Natural Justice, Right to a Hearing

Ang v. Metropolitan Hospital [1988] O.J. 1977 (Divisional Court)
Issue: Hospital Privileges, Suspension of Directors of Hospital Fettering Discretion by Agreement

Benn v. Lozinski (1982), 37 O.R. (2d) 607
Issue: Municipal Conflict of Interest

Markham v. Sandwich South (Township of) [1998] O.J. No. 2183 (O.C.G.D.)
Issue: Municipal Law, By-laws Illegality, Discrimination, Bad Faith

Re Board of Education for City of Windsor v. Windsor Roman Catholic Separate School Board (1995), 24 O.R. (3d) 62 (Ont. Div. Crt.)
Issue: Municipal Law, Taxation, Error correction by municipal council under s. 109)1) of Education Act, Jurisdiction to redirect taxes of publicly traded corporations, Assessment Act, R.S.O. 1990

Canada (Attorney General) v. Fetherston, [2005] S.C.C.A. No. 239
Issue: Administrative law — Procedural fairness — Reasonable apprehension of bias — Whether the Federal Court of Appeal erred in applying a standard of appellate review of correctness — Whether it is a principle of fundamental justice that no one will judge their own cause — Whether the lack of statutory or regulatory guidelines of an administrative tribunal still necessitates compliance with the guarantees of fairness and the principles of fundamental justice.

Bondy v. Chatham-Kent (Municipality), [2008] O.J. No. 598
Issue:Municipal law — Bylaws — Quashing bylaws — Grounds — Contrary to Charter — Ultra vires — Application to quash a by-law of the City of Chatham which prohibited excessive fortification of land on grounds that it was ultra vires the city in that it was in pith and substance criminal law because it targeted bikers or motorcycle gangs, and their alleged criminal activity — Applicant also claimed it was contrary to s. 7 of the Charter because of vagueness — Application dismissed — The bylaw was not ultra vires the province because the protection of public safety through land use regulation was a proper municipal purpose — The bylaw was not vague, as it specifically detailed the risk that a land owner undertakes if he altered his property in such a way to attract the attention of the bylaw

Labourview Co-Operative Homes Inc. v. Chatham-Kent (Municipa, [2007] O.J. No. 3166
Issue: Administrative law — Judicial review and statutory appeal — When available — Error of law — Remedies — Application by the applicant co-operative corporation and its president for an order discharging the receiver appointed over it by the respondent allowed — Appointment was quashed — Receiver was appointed because of the corporation's accumulated deficit — Respondent erred in law when it made the appointment because it did not make proper inquiries into whether the accumulated deficit was excessive, having regard to the normal practices of similar housing providers. Real property law — Co-operatives, housing — Application by the applicant co-operative corporation and its president for an order discharging the receiver appointed over it by the respondent allowed — Appointment was quashed — Receiver was appointed because of the corporation's accumulated deficit — Respondent erred in law when it made the appointment because it did not make proper inquiries into whether the accumulated deficit was excessive, having regard to the normal practices of similar housing providers.

COMMERCIAL LITIGATION

Caisse Populaire St. Jean Baptiste v. A.L. Wreckers (1978), 18 O.R. (2d) 344 (Divisional Court)
Issue: Bills of Exchange, Cheques, Holder in Due Course, Credit Unions

Colautti Construction v. City of Ottawa (1984), 46 O.R. (2d) 236 (Ont. C.A.)
Issue: Contracts, Building Contracts, Negligence, Breach of Obligation to Facilitate Work and Damages for Breach on Quantum Meruit Basis, Loss of Profits, Exculpatory Clauses, Fundamental Breach

Charingate Developments v. Elder 1 R.P.R. 285 (Ont. H.C.)
Issue: Contracts, Breach, Failure to Close Agreement Purchase and Sale of Real Property, Conditions Precedent

Parr v. Town of Collingwood (Ontario Divisional Court) (1985), 49 O.R. (2d) 234
Issue: Mechanics' liens, Duty of Municipality to Maintain Holdback Where no Contract Amount Payable

Belle River Community Arena v. W.J.C. Kaufmann Ltd. (1978), 20 O.R. (2d) 477 (Ont. C.A.); (1977), 15 O.R. (2d) 738 (Ont. C.A.)
Issue: Contracts, Building Contracts, Tender, Offer, Mistake of Fact

E. Bondy Excavating Ltd. v. Victoria Insurance Co. Ltd. (Ontario C.A.)
Issue: Construction Law, Surety and Guarantee, Fraud

McKeough v. McKeough [1993] O.J. 3294
Issue: Corporations, Oppression Remedy, Prejudicial Treatment, Change of Shareholder Expectations

Gray v. Winkfield [1992] O.J. 2599
Issue: Wills and Deeds, Capacity to Execute, Undue Influence

Ingram v. Dorian [1992] O.J. 276
Issue: Debtor Creditor Relations, Criminal Rate of Interest

Pantron v. 421108 Ont. Ltd. [1988] O.J. 1837
Issue: Injunctions, Passing Off, Breach of Trademark

Skorchid v. Edgewater Marine [1988] O.J. 470
Issue: Corporations, Oppression Remedy, Derivative Action, Harm Done to Corporation

Korach v. Moore 1 O.R. (3d) 275
Issue: Defamation, Libel, Qualified Privilege, "Honest Belief" Test

Budd v. Gentra Inc. [1988] O.J. No. 3109 (Ont. C.A.)
Issue: Class Proceedings, Corporation, Officers and Directors, Oppression Remedy under Canada Business Corporations Act, Whether officers and directors can be held liable for corporate misrepresentations in financial information issued by the companies, Circumstances under which officers and directors can be parties to oppression action

Budd v. Gentra Inc. [1997] O.J. No. 5341 (O.C.G.D.)
Issue: Class Proceedings, Oppression Remedy under Canada Business Corporations Act, Request to appoint inspector and recovery of interim fees and disbursements

Jankowski v. 990088 Ontario Inc. [1998] O.J. No. 2764 (O.C.G.D.)
Issue: Real Estate Agents, Fiduciary Duties, Disclosure of benefits pursuant to contract, Real Estate and Business Brokers Act

Sidhu v. Kooner [1997] O.J. No. 3408 DRS 97-14557 (O.C.G.D.)
Issue: Associations, Constitutions, Qualification of members, Intervention of court where provisions of constitutions not followed

Colautti Brothers Marble, Tile and Carpet (1985) Inc. f. Windsor (City) [1996] O.J. No. 4527, DRS 97-05113 (O.C.G.D.)
Issue: Building contracts, Tenders, Breach of tendering provisions, Unilateral contract

Maidstone v. Loosemore Excavating Inc. [1996] O.J. No. 2765 DRS 96-17164 (O.C.G.D.)
Issue: Building contracts, Engineering contracts, Liability of engineer for non-performance by contractor, Professional negligence, Duty to supervise

997724 Ontario Inc. v. 407430 Ontario Ltd. [1995] O.J. No. 3378 DRS 91-15737 (Ont. C.A.)
Issue: Appeals, Duty of appellate court regarding findings of fact and calculation s of trial judge, Debentures, Assignment of misrepresentation, Set-off

Ryan v. Laidlaw (1995), 26 O.R. (3d) 97 (Ont. C.A.)
Issue: Employment, Wrongful dismissal, Damages, Notice, Gross up of award for income taxes, Effect of non-competition agreement on length of notice requirement

Ryan v. Laidlaw (1994) 19 O.R. (3d) 547 ( Ont. C.A.)
Issue: Judgments and Orders, Stay of execution pending appeal, Lifting of stay to permit payments to plaintiff in desperate circumstances

Vallée v. Pickard [2007] O.J. No. 110
Issue: Corporations and associations law — Corporations — Actions — Against corporation and directors — Oppressive conduct — Grounds — Oppressive and prejudicial conduct — Shareholders — Rights — Sale of shares — Applications by Vallee and Pickard for oppression relief — Both applicants were equal shareholders and directors of Pythian Group — Applicants were deadlocked and there was complete loss of confidence and trust between them — Applications dismissed — No oppressive or unfairly prejudicial conduct by either party established — In order to dissolve deadlock, parties ordered to provide sealed bids for shares of other party — Highest bidder entitled to purchase shares of other party. Weber's Hardware (Huntsville) Ltd. v. Home Hardware Ltd. [2006] O.J. No. 4031 Issue:Civil procedure — Settlements — Enforceability — Under a settlement reached by the parties, the defendant had agreed to pay the fair market for shares of the plaintiffs' company, and the value of certain shareholder's loans, the value of which the court set at $294,201, which included certain business expenses. Corporations and associations law — Sale of a business — Share purchase agreement — Under a settlement reached by the parties, the defendant had agreed to pay the fair market for shares of the plaintiffs' company, and the value of certain shareholder's loans, the value of which the court set at $294,201, which included certain business expenses.

INSURANCE LAW

Gillis v. Bourgard 129 D.L.R. (3d) 342; (1981), I.L.R. 1-1446 (Ont. H.C.), revised, 145 D.L.R. (3d) 570 (Ont. C.A.)
Leave to appeal to Supreme Court of Canada denied
Issue: Fire Insurance, Promissory Estoppel

Coombe v. Constitution Insurance Co. (1980), 29 O.R. (2d)729 (Ont. C.A.)
Leave to appeal to Supreme Court of Canada dismissed
Issue: Insurance, Disability Insurance, Onus of Proof, Judgments and Orders, Enforcement of Declaratory Judgment

Sadema Lumber Co. Ltd. v. Hanover Insurance Corporation (1981), I.L.R. 1-1381
Issue: Insurance, Fire Insurance, Stay of Action, Appointment of Appraiser

Slijepcevic v. State Farm Insurance (1979), 22 O.R. (2d) 595 (H.C.), (1979), 26 O.R. (2d) 566 (C.A.)
Issue: Fire Insurance, Statutory Conditions, Whether Statutory Conditions Apply to Homeowners' Insurance Policy

Collavino Inc. v. Employers Mutual Insurance Co. 7 C.L.R. 165 (Ont. H.C.)
Issue: Insurance, Exclusion Clauses, Onus of Proof

Reaume v. Caisse Populaire [1987] O.J. 315
Issue: Insurance Law, Exclusion Clauses, Disability Policies

Wineman v. McPhee [1986] O.J. 1187
Issue: Insurance Law, Breach of Trust, Solicitor's Negligence

Travelers v. MacDonald (1984), 48 O.R. (2d) 714 (C.A.)
Issue: Insurance Law, Jurisdiction, Trans-border Coverage, Applicability of Michigan on Ontario Law to Policy of Insurance

ENVIRONMENTAL LAW

340909 Ontario Ltd. v. Huron Steel (1992), 9 O.R. (3d) 305 (C.A.); 10 O.R. (3d) 95
Pyke v. Tri-Gro Enterprises (2001), 55 O.R. (2d) 257
Issue: Environmental law, Farming, Right to Farm Legislation, Odours, Nuisance, Exemption from Liability, Odours Emanating from Composing Operation

CRIMINAL LAW

R. v. Hudec [1992] O.R. 2992
Issue: Secret Commissions, Disclosure of Interests

Canadian Transit Co. v. Parent et al 67 O.R. (2d) 187
Issue: Contempt, Jurisdiction

R. v. Girard [1995] O.J. No. 1447 DRS 95-13889 (O.C.G.D.)
Issue: Criminal law, Evidence, Witnesses, Privilege, Sexual assault, Counselors’ records, Production of, Relevancy

TORT LAW

Korach v. Moore
Issue: Defamation, Qualified Privilege, Honest belief, Liability of school principal and school board for statements made in evaluation of teacher

Mullins v. Beneteau [1996] O.J. No. 2784 DRS 96-17179 (O.C.G.D.)
Issue: Defamation, Libel, Knowingly false statement given to police, Bad faith, Qualified and absolute privilege, Liability for knowingly false statement given to police alleging criminal conduct of municipal employee, Damages

Drouillard v. Cogeco Cable Inc. [2005] O.J. No. 3166; varied [2007] O.J. No. 1664 (Ont. C>A>)
Issue: Tort law — Interference with economic relations — Interference with business relationship; Tort law — Interference with economic relations — Interference with business relationship — Contracts — Damages — For torts — Pure economic loss — General damages — Loss of income — Exemplary or punitive damages.

Olar v. Laurentian University [2007] O.J. No. 2211
Issue: Corporations and associations law — Universities and colleges — Failure by university to disclose difficulty of transferring to another school to complete engineering degree constituted negligent misrepresentation — Student who was forced to attend an extra year of school was awarded damages of $120,620. Tort law — Fraud and misrepresentation — Negligent misrepresentation — Failure by university to disclose difficulty of transferring to another school to complete engineering degree constituted negligent misrepresentation — Student who was forced to attend an extra year of school was awarded damages of $120,620.

Pepper v. Zellers Inc. (c.o.b. Zellers Pharmacy) [2006] O.J. No. 5042

Issue: Civil procedure — Parties — Adding or substituting — After expiry of limitation period — Appeal by the plaintiffs from the dismissal of their motion to add the respondents, Aube and 1520334 Ontario, as parties to their claim — Appellants' claim was with respect to mislabeled medication which caused the primary plaintiff to be hospitalized — Aube was the dispensing pharmacist — Appeal allowed in part — Limitation period contained in Regulated Health Professions Act had expired — That Act was applicable to Aube only — Appellants were granted leave to add 1520334 as a party to the 2002 proceedings as the general six-year limitation period applied to that company — Regulated Health Professions Act, s. 4. Limitation of actions — Topics — Civil procedure — Actions, general — Appeal by the plaintiffs from the dismissal of their motion to add the respondents, Aube and 1520334 Ontario, as parties to their claim — Appellants' claim was with respect to mislabeled medication which caused the primary plaintiff to be hospitalized — Aube was the dispensing pharmacist — Appeal allowed in part — Limitation period contained in Regulated Health Professions Act had expired — That Act was applicable to Aube only — Appellants were granted leave to add 1520334 as a party to the 2002 proceedings as the general six-year limitation period applied to that company. Matrix Contractors Building Services Inc. v. National Bank of Canada [2005] O.J. No. 2931 Issue: Commercial law — Banking — Financial institutions — Liability to third parties — Appeal from dismissal of action allowed. Tort law — Fraud and misrepresentation — Fraudulent misrepresentation.

CLASS ACTIONS

Authorson v. Canada (Attorney General) (2000), 53 O.R. (3d) (Judgment Liability); [1999] O.J. No. 5557 [certification as class action]; [2000] O.J. No. 4779 [Motion for Stay Pending Appeal Denied); [2001] O.J. No. 2924 [Costs]; [2001] O.J. No. 2768 [Intervenor Motion Denied]; [2001] O.J. No. 4352, Oct. 18,2 001 [Recusal Motion Denied] (2002) 58 O.R. (3d) 417 (Ont. C.A.) 63 O.R. (3d) 707; [2003] 2 S.C.R. 40; (S.C.C.) 69 O.R. (3d) 106; 69 O.R. (3d) 129; [2004] O.J. 117(Ont. C.A.); 70 O.R. (3d) 451 (Ont. C.A.); (2004) 249 D.L.R. (4th) 214; [2005] O.J. 5582; {2005] O.J. 5581; (2005) 263 D.L.R. 94th) 521; reversed 86 O.R. (3d) 321 (Ont.C.A.) leave to appeal to S.C.C. dismissed [2007] S.C.C.A. No. 472
Issue: Class Action, Breach of Fiduciary Duties, Breach of Trust, Constitutional Law, Federal Department of Veterans Affairs held liable for failure to invest or pay interest on administered pension benefits and allowances on behalf of incapable veterans, 4,600 to 10,000 potential class members, Constitutional law — Canadian Bill of Rights — Enjoyment of property — Due process — Government administering pensions for war veterans — Government depositing funds in consolidated revenue fund — Government breaching fiduciary duty by failing to invest funds and by failing to pay interest — Section 5.1(4) of Department of Veterans Affairs Act not barring claim — Section inoperative as contrary to Bill of Rights — Canadian Bill of Rights, R.S.C. 1985, App. III, ss. 1(a), 2(e) — Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, s. 5.1(4). On appeal to Supreme Court of Canada and Ontario Court of Appeal : Held: although liable for breach of fiduciary damages, Parliament had taken away right to recover damages or interest. Link to Authorson Class action Website at: www.veteransinterest.org