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Notable Cases

Couper v. Nu-Life

2017 ONCA 571

John Adair acted for the plaintiff in this breach of contract claim. After a four-week trial, the plaintiff's action was allowed, with the plaintiff being awarded damages and costs in excess of $1,600,000. The case is significant because the plaintiff had to prove the existence of a contract despite not having any signed document, and John succeeded in establishing that there was a meeting of the minds on all material terms. The defendants also moved for a mistrial on the basis of an alleged reasonable apprehension of bias, and John successfully defeated that motion.


Levine v. Kumer

John Adair acted for the Applicant shareholders in this oppression remedy claim in a family business. The Applicants were successful on every point in the litigation, resulting in a court-ordered buyout of their shares. The trial judge rejected the Respondent's evidence as not credible after cross-examination by our lawyers.


Vetro v. Canadian National Exhibition Association

2015 ONCA 87

Jordan Goldblatt successfully acted for the Canadian National Exhibition Association in this case considering the circumstances where a bankrupt can pursue civil proceedings.


Saskatchewan WTF Taekwondo Assn. Inc. v. Taekwondo Canada

2015 ONSC 2937

Jordan Goldblatt acted for seven provincial sports associations, members of Taekwondo Canada, who had been “unjustly frustrated” in their attempt to remove sitting Directors of that organization. The application resulted in the calling of a special meeting of members, where a dissident slate of Directors were elected.


Onex Corp. v. American Home

2014 ONSC 6918

Geoff Adair acted for Onex Corporation and recovered judgment after trial against American Home Assurance Co. for $15 million USD in this hard fought directors and officers liability insurance case.


DHMK v. Mund Real Estate Group Inc

2014 ONSC 2875 and 2014 ONSC 5064

Geoff Adair successfully defended this application in which a commercial real estate investor, the Mund Real Estate Group, sought specific performance with an abatement of the purchase price of a $5 million medical facility in Newfoundland. The firm's client was awarded damages in its cross application and substantial costs throughout.


Chapman v. Benefit Plan Administrators Limited

[2013] O.J. No. 3035 (S.C.J.)

Geoff Adair acts for the representative plaintiff Brian Chapman in this pensioners’ class action which was recently certified against defendant trustees, administrators and actuaries alleged to have been negligent in the administration of the Eastern Canada Car Carriers Pension Plan.


D.M. Drugs v. Bywater

[2013] O.J. No. 2486 (C.A.)

Geoff Adair was retained by trial counsel for several North Bay property owners to respond to an appeal by the insurer of the Parkview Hotel in a case arising out of a major fire in downtown North Bay, Ontario. Geoff was successful in having the Parkview Hotel’s appeal dismissed.


Lee v. 1435375 Ontario Ltd.

2013 ONCA 516

Jordan Goldblatt successfully appealed a motion judge’s decision that permitted a purchaser to resile from an agreement of purchase of sale on the basis of a perceived error in zoning.


Coventree Inc. Lloyd’s Syndicate

[2012] O.J. No. 2287 (C.A.)

Geoff Adair acted for Coventree Inc. in obtaining judgment for $5 million against the insurer for failure to pay the amount owing to the firm’s client under a directors’ and officers’ liability insurance policy. The insurer appealed to the Ontario Court of Appeal. Geoff successfully obtained a dismissal of the appeal and a dismissal of the insurer’s further attempt to seek leave to appeal to the Supreme Court of Canada.


Canadian Premier Life Insurance Co. v. Sears Canada Inc.

2010 O.N.S.C. 3834

Geoff Adair and John Adair acted for Canadian Premier Life Insurance Company in this complex contractual dispute with Sears Canada Inc. over the ownership of a valuable “book of business”. The decision cited above was at the time one of the leading cases in Ontario on then recent rule changes governing summary judgment motions. The action was ultimately settled.

Doucet v. Royal Winnipeg Ballet School

2018 ONSC 4008

Gillian Hnatiw represented the plaintiffs in this successful motion to certify a class action against the Royal Winnipeg Ballet School and a former teacher, Bruce Monk. Monk is alleged to have coerced numerous students at the venerable school into posing nude for him over almost three decades, and to subsequently selling the images on-line. The case has the potential to expand the law of image-based sexual abuse in Canada.


Bonello v. Gores Landing Marina

2017 ONCA 632

A freak accident during a recreational game of tug-of-war resulted in the amputation of the plaintiff’s right hand. The owners of the marina convinced a lower court that there was no merit to the plaintiff’s claim against it and secured an order for summary judgment dismissing the plaintiff’s claim. Gillian Hnatiw argued the successful appeal from this order, which restored the plaintiff’s claim and pursuit for compensation.


Resolute Forest Products Inc. v. Greenpeace

2016 ONSC 5398

Jordan Goldblatt successfully appealed a judge’s decision concerning the scope of pleadings in this $7,000,000.00 defamation claim. Jordan convinced the court that the impugned pleading would have the effect of transforming a civil claim into a broad ranging public inquiry.


Orr v. Metropolitan Condominium Corp. No. 1056

2014 ONCA 855

Our firm represented the successful appellant, Kelly Orr (Rainville), in this appeal to the Ontario Court of Appeal involving a claim for damages for negligent misrepresentation by MTCC 1056 and Brookfield in the issuance of an estoppel certificate to the plaintiff.


Longo v. McLaren Art Centre

2014 ONCA 526

John Adair successfully represented the plaintiffs in this appeal from a Superior Court decision dismissing the plaintiffs' claim. John satisfied the Court of Appeal that the plaintiffs had not missed a limitation period and that the summary judgment motion judge erred in finding that they had. The Court allowed the appeal and awarded costs to the plaintiffs.


Milne v. Betts

2012 ONSC 5565

Gillian Hnatiw represented the plaintiffs in this successful action for childhood sexual abuse against their maternal uncle. The court awarded the plaintiff damages for pain and suffering, economic loss, and past and future therapy, as well as punitive damages and legal costs on a substantial indemnity basis.


Grenville Christian College v. Cavanaugh

[2012] O. J. No. 2293 (S.C.J.)

Geoff Adair acted for Grenville Christian College in defending this $400 million class action brought on behalf of former students.


Morris v. Johnson

2012 ONSC 5824

Jordan Goldblatt successfully acted for two residents of Aurora who had been sued for defamation by their mayor weeks before an election. The Court accepted that the litigation had been strategic litigation against public participation (“SLAPP”), and ordered the mayor to pay substantial indemnity costs to Jordan’s clients.


Crinson v. City of Toronto

[2010] O.J. No. 216 (C.A.)

John Adair was retained by the plaintiff’s trial counsel to appeal the trial judgment dismissing the plaintiff’s claim. John successfully overturned the trial resulted and obtained judgment in favour of the plaintiff. This was the first appellate case to consider new notice provisions in Ontario’s Municipal Act.


Vytlingam v. Citadel

[2007] 3 S.C.R. 373 (S.C.C.)

Geoff Adair acted for the appellant Citadel Assurance Company in successfully appealing this matter to the Supreme Court of Canada. The appeal resulted in a landmark decision establishing the ambit of use and operation of a motor vehicle as defined in all insurance policies.


John Doe v. Bennett

[2004] 1 S.C.R. 436

Geoff Adair acted for the appellant Roman Catholic Episcopal Corporation of St. George’s in this significant case addressing the issue of vicarious liability for intentional torts and the responsibility of an unincorporated association (the Roman Catholic Church) for such wrongs.

Middlesex London Health Unit v. The Corporation of the County of Middlesex

2018 ONSC 3229

Jordan Goldblatt and Julia Wilkes were successful in a judicial review that challenged the decision of a municipal county that had refused to provide its consent to a commercial transaction. Jordan and Julia were able to persuade the Court that the municipality had acted improperly.


S.S. v. Kantor

2017 ONCA 828

Gillian Hnatiw represented a psychiatrist in this successful appeal restoring the validity of a Community Treatment Order under the Mental Health Act. The Court of Appeal accepted Ms. Hnatiw’s arguments concerning the correct interpretation of the complex statutory scheme and clarified the process for issuing CTOs in Ontario.


Cricket Canada v. Syed

2017 ONSC 3301

Jordan Goldblatt was counsel to Cricket Canada in a successful application to set aside an arbitrator's award which proposed to direct members of a not for profit corporation in respect of corporate governance matters. The decision was the subject of a story in the Law Times published on August 14, 2017.


Mitchell v. Banik

2017 ONSC 1123

Gillian Hnatiw successfully represented a psychiatrist, Dr. Banik, in response to this appeal from a decision of the Consent and Capacity Board. Ms. Hnatiw convinced the court that Dr. Banik reasonably applied the proper legal test to the facts and succeeded in having his findings of incapacity affirmed.


Re Jacks

SDRCC 17-0324

Jordan Goldblatt was successful in overturning a decision of a National Sports Organization who had initially denied an elite coach an opportunity to coach at an international championships.


Re Brown

SDRCC DT-14-0205 and DAT-15-0006

Jordan Goldblatt acted for an elite Canadian athlete in a doping tribunal hearing, both at the initial level, and on appeal. The case concerned the presence of trace amounts of a diuretic in out-of-competition testing, where the athlete had no explanation as to how the prohibited substance entered her body.


Khan v. Tulake

010 ONWSIAT 1752

Gillian Hnatiw brought a successful application to stay civil proceedings before the Workplace Safety Insurance and Appeals Tribunal. Her novel arguments established a new type of statutory defense for medical residents.


Trail Hall v. Inter-Cultural Neighbourhood Social Services

2010 HRTO 118

Jordan Goldblatt acted for Inter-Cultural Neighbourhood Social Services in regard to a claim that it had discriminated against a former employee under the Human Rights Code. After a full hearing, the application against Jordan’s client was dismissed.

R. v. Jarvis

2018 SCC (decision pending)

Gillian Hnatiw acted for the intervener, the Women’s Legal Education and Action Fund (LEAF), on an appeal concerning the criminal offense of voyeurism and the question of whether teenage girls have a reasonable expectation of privacy in respect of their bodies while attending high school.


Tracy v. Iran (Information and Security)

2017 ONCA 777

John Adair and Gord McGuire successfully represented the plaintiffs in this claim to enforce a foreign judgment against the Republic of Iran under Canada's Justice for Victims of Terrorism Act. The case is the first terrorism claim to be litigated in Canada, and our clients were successful in obtaining an Order recognizing the foreign judgment and permitting execution against assets that Iran argued enjoy diplomatic immunity. The case involved significant novel issues in the areas of state immunity and diplomatic immunity, and received substantial media attention in both Canada and Iran.


Re Carby

2016

Coroner’s Inquest into the police shooting death of mentally ill black man in Brampton, which delved into issues of racial profiling and unconscious bias. Gillian Hnatiw acted as counsel to a physician who provided psychiatric care to the deceased.


Re Sampson

2015-2016

Gillian Hnatiw acted for the Children’s Aid Society of Toronto and Jordan Goldblatt acted for the Society’s workers in an Coroner’s inquest into the death of a young person that considered examined Ontario’s child welfare system.


Re Cole

2015

Gillian Hnatiw acted for a group of physicians at a Coroner’s Inquest into the epilepsy related death of an inmate at Toronto East Detention Centre.


Bowden Institution v. Khadr

2015 SCC 26 (CanLII)

Gillian Hnatiw acted as counsel to the intervener, the Canadian Civil Liberties Association, in an appeal concerning the government decision to treat Mr. Khadr’s foreign sentence as an adult rather than a youth sentence and place him in a federal penitentiary. The appeal was dismissed by the Supreme Court in less than 30 minutes for reasons consistent with the position advanced by the CCLA.


Re Baldwin

2014 CanLII 39082 (ON OCCO)

Jordan Goldblatt acted for workers of the Catholic Children’s Aid Society in an inquest into the death of young person killed by his grandparents.


Re Smith

2013

Gillian Hnatiw represented a group of physicians at a Coroner’s Inquest into the death of mentally ill 19 year old in federal custody.


Bennett v. Islamic Republic of Iran

2013 ONCA 623

John Adair, Gord McGuire and Khalid Janmohamed represent the plaintiffs in an action to enforce a judgment against Iran for supporting terrorism. Our firm obtained a Mareva injunction against Iran, the first injunctive relief ever in Canada against a foreign state and the first such use of the new Justice for Victims of Terrorism Act. We also successfully obtained a Mareva injunction over Iran’s diplomatic property, a matter involving complex issues of international law.


(Re) Sharpe

SDRCC 12-0179

Jordan Goldblatt was counsel for a former Olympic Medalist who had received a lifetime ban from sport following the Dubin Inquiry. Mr. Goldblatt’s client’s lifetime ban was overturned, and he is now a leading Canadian track coach.


Sinclair M. Stevens v. Canada (Attorney General

2004 FC 1746 (CanLII)

Gillian Hnatiw successfully represented a former Cabinet Minister in an action to set aside the report from a Public Inquiry. Mid-trial, she was also successful in resisting a motion to quash the summons served on the Federal Ethics Commissioner. Stevens is an important decision on the principles of procedural fairness and natural justice.