Simon Bieber and Nathaniel Read-Ellis acted for successful appellants at the Ontario Court of Appeal in a decision concerning the circumstances in which a Court can set aside the decision of an arbitrator on the grounds of an absence of jurisdiction.
Nathaniel Read- Ellis was trial counsel in this case that considered issues of the enforceability of a contractual exclusion clause, and when liquidated damages clauses will be enforced.
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.
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.
Jordan Goldblatt successfully acted for the Canadian National Exhibition Association in this case considering the circumstances where a bankrupt can pursue civil proceedings.
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.
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.
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.
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.
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.
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.
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.
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.
John Adair and Michele Valenti were successful counsel for the appellants at the Ontario Court of Appeal in this decision that held that limitation periods for statutory accident benefits claims do not run until after the claim is discovered.
Jordan Goldblatt was successful trial counsel in this nine week trial alleging that various soccer organizations caused multi-million dollar losses to a professional soccer club. All claims again Jordan’s clients were dismissed.
Jordan Goldblatt brought a successful summary judgment motion on a claim that considered the circumstances where an equitable mortgage would be created by the conduct of the parties.
Jordan Goldblatt and Jocelyn Howell acted for a municipal affairs blogger who sought to have a defamation claim against him as a proceeding that limited free speech.
Simon Bieber and Alex Fidler-Wener acted for the Law Society of Ontario in obtaining an injunction preventing a lawyer from practicing law.
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.
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.
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.
Geoff Adair acted for Grenville Christian College in defending this $400 million class action brought on behalf of former students.
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.
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.
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.
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.
Jordan Goldblatt was successful counsel for the Ontario Cycling Association in having a claim asserting discrimination in drug testing dismissed before the Ontario Human Rights Tribunal.
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.
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.
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.
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.
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.
Alex Fidler-Wener 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.
John Adair acted in this application challenging the constitutionality of certain changes to Ontario’s education curriculum on behalf of the Grand Council of Treaty 3 an area of approximately 55,000 square miles in Northwestern Ontario and Manitoba that includes 28 First Nations communities and is the historic home of the Anishinaabe Nation.
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.
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.
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.
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.
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.