Our Work

Civil Litigation

Supreme Court of Canada applies misnomer to avoid injustice

The Supreme Court of Canada rejected attempts by a construction trade union to shield itself from a wrongful dismissal suit by relying on the Rights of Labour Act after the expiry of a limitation period. The Court was critical of the union’s attempt to tactically avoid litigating the employee’s claim on its merits, and held that the naming of the union in the original statement of claim was a misnomer.

In unusual move, the Court dismissed the union’s appeal from the bench.

Tim Gleason, Sean Dewart and Adrienne Lei represented the respondent employee.

Court of Appeal clarifies tort of Economic Interference

In Grand Financial Management Inc v. Solemio Transportation Inc. the Ontario Court of Appeal dealt with a number of issues, including the tort of interference with economic relations, equitable set-off, damages at large, and the ability of a party to recover damages on a basis not pleaded before trial.  Tim Gleason represented the successful appellant, Solemio Transportation Inc. on the appeal.

Conflict of interest complaint against Rob Ford was timely, Court rules

Decision Date: 2015-07-28
Case Link: MacDonald v Ford, 2015 ONSC 4783

A Judge has ruled that allegations that Rob and Doug Ford violated the Municipal Conflict of Interest Act were made within the applicable limitation period. The Fords had sought to avoid having to defend a proceeding under the Act by bringing a motion to dismiss the claim as untimely. The matter will now proceed, and if a breach of the Act is found, the Fords could be prevented from holding municipal office.

New clarity on limitation period for fraudulent conveyance actions

Decision Date: 2015-05-26
Case Link: Conde v Ripley et al., 2015 ONSC 3342

Tim Gleason and Jonathan Schachter successfully argued the first case in Ontario to apply the 10 year limitation period under the Real Property Limitations Act to a fraudulent conveyance action.

Court denies school board unlimited exemption from development restrictions

Decision Date: 2014-09-30
Case Link: Toronto District School Board v. City of Toronto

The Toronto District School Board sought an exemption from municipal planning and development regulation in its attempt to lease a school yard to a developer for a private use. Tim Gleason and Sean Dewart represented local residents who were concerned about unchecked development eliminating vital local greenspace. The Divisional Court preserced the City’s right to regulate planning and development.

Court of Appeal clarifies doctrine of anticipatory breach

Decision Date: 2013-12-05
Case Link: Ali v. O-Two Medical Technologies Inc., 2013 ONCA 733

Tim Gleason and Megan Reid successfully argued an appeal on the doctrine of anticipatory breach, and the Court of Appeal clarified and reconciled conflicting caselaw governing its application in the employment context.