This decision reinforces that the Licence Appeal Tribunal will not award costs except in cases of frivolous, vexatious or bad faith conduct. In particular, the Tribunal held that the threshold for awarding costs is high and cost awards are not meant to compensate the parties for the cost of their involvement in claims.
Gillian Mays
Gillian attained an Honours Bachelor of Arts degree in English Literature from Queen’s University in 2011, receiving the Roscoe R. Miller Award and the Arts 1915 Price for academic excellence. She received her Juris Doctor from Western University in 2014 and was placed on the Dean’s Honour List.
Prior to joining Bogoroch & Associates LLP, Gillian articled at a full-service firm in London, and was called to the Bar in 2015. She has been published in The Advocates’ Journal and participated in the Gale Cup Moot, and is a member of the Canadian Bar Association, The Advocates’ Society, and the Ontario Trial Lawyers Association.
Felix v. Omar, 2018 ONSC 3286 (CanLII)
On the defendant’s motion to compel answers to questions refused at discovery, questions regarding the possible criminal involvement, education and employment of plaintiff’s younger sibling were held to be not relevant, probative, necessary or proportionate to the issues in the action
Isaac Estate v. Matuszynska, 2018 ONCA 177 (CanLII)
The standard of care applicable for drivers in emergency situations is not a standard of perfection. The doctrine of emergency will be applied where the harm is “imminent and unforeseen”.
Patterson v. Peladeau, 2018 ONSC 2625 (CanLII)*
In dismissing a motion for a mistrial based on the jury conducting internet research, the court held that mistrials should be granted only as a last resort and the corrective charge was sufficient to ensure a fair trial.
Thomson v. Portelance, 2018 ONSC 1278 (CanLII)*
Insurers cannot delay scheduling mediations until the completion of a specific event in the litigation process, such as examinations for discovery.
Shaw v. Barber, 2017 ONSC 2155 (CanLII)
The limitation period does not begin to run when the Office of the Public Guardian and Trustee becomes a mentally incapable person’s statutory guardian of property. The limitation period begins to run when the guardian of property has determined that there is a basis for exercising their authority as litigation guardian and thereby becomes the mentally incapable person’s litigation guardian.
