Archive for ‘Case Comment’
There are provisions in the Rules of Civil Procedure which provide that if a plaintiff brings a lawsuit in Superior Court and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawsuit.
The rationale behind these provisions is straightforward. If a litigant fails to recover more than $25,000, then its claim ought to have been brought in the Small Claims Court which provides for a more streamlined, less expensive, procedure. A plaintiff, theoretically, . . . [more]
Litigation produces winners and losers. Often, the loser feels that the judge got it wrong and appeals the decision accordingly.
In some cases even the winner thinks that it should have received a decision more favourable than it did and that an appeal is an appropriate route to take.
In a recent case, both the winner and the loser of a summary judgment motion thought that the motion judge got it wrong, and both sought leave to appeal.
More surprising than the fact that both sides think the judge got it wrong, is that the Divisional Court denied leave . . . [more]
In September, 2012 I posted a short piece about a tenant who had been evicted from 6 homes in 7 years who was arrested to face fraud charges.
The Toronto Star has reported that Nina Willis was found guilty after an eight day trial that turned into a “spectacle”.
Is there any question as to whether she will appeal? . . . [more]
A lawyer who sued her former client for $3,937.50 for unpaid legal fees has had $7,000 in costs awarded against her, and the matter has yet to reach trial.
In the lawyer’s Small Claims Court lawsuit, she was ordered to produce her entire file to the former client and make production of the documents in chronological order, such that it could be ascertained whether or not she had in fact produced the entire file.
For reasons that are not entirely clear, the lawyer failed to produce the file in chronological order. A Deputy Small Claims Court Judge awarded costs against . . . [more]
Brian Lloyd Sinclair died in September 2008 in the emergency department waiting room of Winnipeg’s Health Sciences Centre at the age of 45. He was pronounced dead in the early hours of September 21, 2008 after he had spent some 34 hours in the emergency room awaiting attention for what was initially a relatively minor health concern.
Brian Sinclair was an Aboriginal man who lived his early years on the Fort Alexander First Nation and went on to live in Powerview, Manitoba and ultimately, in Winnipeg. He faced a number of health challenges and as well as some cognitive impairment. . . . [more]
In an unusual case, a plaintiff nearly lost out on $8,000 in damages simply because she got to trial too fast.
The plaintiff’s employment with the defendant was terminated due to downsizing after 14 years of service.
She was paid approximately four months compensation in lieu of reasonable notice. She felt like it was not enough and sued the company for 22 months of compensation.
Justice Pollak agreed with the plaintiff that four months was not sufficient compensation and awarded the plaintiff twelve months of compensation.
However, at the time that the case was tried it had only been . . . [more]