Cases
Our history of cases represents the strongest evidence of our client commitment and strength of practice. Browse our archives:
Social Host Liability
Childs v. Desormeaux, (2006) SCC 18, (2004) 71 O.R. (3d) 195 (C.A.), (2002) 217 D.L.R. (4th) 217 (SCJ)
This case was one of a series of actions started against "social hosts" represented by Eric Williams and Jaye Hooper from trial to the Supreme Court of Canada. The loss occurred when an individual present at a social gathering left the premises and caused a serious motor vehicle accident, giving rise to five separate claims. Although for different reasons, the trial judge, the Court of Appeal and ultimately, the Supreme Court of Canada, dismissed the action against the social hosts. At issue was whether or not there existed a duty of "social host" in Canada and, if so, the definition of that duty. The Supreme Court of Canada ruled that social hosts at parties where alcohol is served do not owe a duty of care to public users of highways. This decision preserves the legal autonomy of individual members of society and continues to restrict the requirement by other members of society to act affirmatively-when aware others are engaging in risky behaviour in social situations. Legal observers have opined that t his may be the most important tort case in Canada in thirty years.
Municipal Liability
Magas v. Pasanen (2009) ONCA 302
Jaye Hooper successfully defended numerous allegations against the police including the negligent investigation both at trial and before the Ontario Court of Appeal. Leave to appeal to the Supreme Court of Canada has been sought.
Delalis v. Nepean (City) (1997) 43 O.T.C. 241 (Gen.Div.)
This action against a police officer involved issues of the rules of the road for emergency vehicles.
Miller v. Stewart [1991] O.J. No. 2238 (Gen.Div.)
Eric Williams successfully defended the police officer sued for assault, false imprisonment and false arrest.
Thériault v. Lanthier, (2010), 70 M.P.L.R. (4th) 77
Kelly Hart successfully defended at trial the Township of Champlain against allegations of negligent building inspection stemming from work undertaken 20 years earlier.
Employment/Harassment in Employment
Murphy v. Canadian Tire Corp. [1991] O.J. No. 2103
Paul Muirhead represented the employer in this wrongful dismissal case, which found the employer was correct in terminating with cause.
Zorn-Smith v. Bank of Montreal (2003) 31 C.C.E.L. (3d) 267 (S.C.J.)
Jaye Hooper represented the plaintiff in Canada’s first wrongful dismissal case to see damages awarded to an employee for burnout.
Puccini v. Canada (Director General) [1993] 3 F.C. 557 (T.D.)
On behalf of Mr. Puccini, Eric Williams brought an application which successfully obtained judicial review attacking parts of Agriculture Canada's workplace harassment policy.
Civil Practice
Gagnon v. Gagnon [1991], 3 O.R. (3d) 38 (Ont. G.D.)
Paul Muirhead brought forward this conflict of laws motion, which eventually went to the Supreme Court of Canada to set the law of jurisdiction.
K. (L.) v. Children's Aid Society of Lanark [1998], 19 C.P.C. (4th) 195 (Ont. G.D.)
Paul Muirhead served as lead counsel on this case seeking the dismissal of various claims and a declaration that the plaintiffs' had commenced numerous actions alleging issues that had already been decided. He was successful in having the plaintiffs declared vexatious litigants and therefore unable to commence any new actions without prior court approval.
Proctor v. Canada (Attorney General) [2001] O.T.C. 996 (Master)
This motion involved the issue of privileged documents and whether the production of expert reports pursuant to a court order waived privilege on the correspondence between the expert and the solicitor. The court ruled it did not. Jaye Hooper represented the Plaintiff resisting the production of these documents.
Corporate/Commercial
Sewell v. Botros [2005] O.J. No. 4970; Court of Appeal File No. C43227
Paul Muirhead successfully represented the mortgagor on this issue of whether or not a mortgagee can declare a mortgage to be in default.
Ward v. Manulife (2007) 288 D.L.R. (4th) 733 (Ont. C.A.)
Eric Williams and Jaye Hooper represented the plaintiff successfully both at trial and on appeal in this case, which ended with Manulife paying damages for breach of contract and breach of fiduciary duty as well as punitive damages and substantial indemnity costs.
Tom Cannon & Associates Ltd. v. British Aviation Insurance and McDonnell Douglas Canada Ltd (2001) 142 O.A.C. 282 (C.A.), (1999
Eric Williams successfully represented the plaintiff in a claim for damages when his helicopter crashed. The plaintiff succeeded at trial and appeal in holding both the insurer and the manufacturer liable for negligence.
Barnabe v. Touhey (1993) O.J. No. 438 (Gen.Div.), (1994) 18 O.R. (3d) 370 (CA)
Eric Williams successfully represented a number of applicants in the breakup of a legal partnership. A key issue in the dispute was the suitability of having the court conclude the partnership court given specific wording in the partnership agreement and the division of partnership assets.
Toronto-Dominium Bank v. Pella/Hunt Corp. 10 O.R. (3d) 634 (Ont. Ct. Gen. Div.)
This case involved a novel issue involving the law of restitution. Chris Reil successfully represented the bank, which the court held was entitled to recover monies it had paid out to a customer’s creditor under a mistake of fact.
Armatage Motors Ltd. v. Royal Trust Corp. of Canada (1995) 45 R.P.R. (2d) 204. (Gen.Div.), ( 1997), 34 O.R. (3d) 599 (On. C.A.)
This action involved priorities between mortgages and the doctrine of subrogation. Representing the plaintiff, Eric Williams was successful both on application and appeal in obtaining a declaration that the plaintiff's mortgage was in priority to that of the defendant, Royal Trust.
Metcalfe Realty v. 990982 Ontario Inc. [1998] O.J. No. 3637 (C.A.)
Chris Reil represented the landlord and obtained a summary judgment against the defaulting tenant for both arrears of rent and the present value of the future rent to the end of the term. The judgment was upheld by the Court of Appeal.
Metcalfe Realty Co. v. 990982 Ontario Inc. (c.o.b. Laurier Optical), [1997] O.J. No. 4771
Re-Max Metro-City Realty Ltd. v. Trebor Venture Corp. [1995] O.J. No. 3390 (Gen.Div.)
Representing the plaintiff, a real estate broker, an action was brought for unpaid real estate commissions and a bonus. The plaintiff claimed against the defendants on the basis of a partnership and that they were jointly and severally obligated for another partner's debt. The defendants alleged there was no partnership agreement. The trial judge found a partnership and liability against the defendants.
Welch & Pridmore Systems Ltd. v. Townson & Alexander Management Consultants Inc. (1992) C.P.R. (3d) 500 (Gen.Div.)
This action involved the interpretation of a licence agreement and the suitability of injunctive relief in favour of the franchisee represented by Mr. Williams. Injunctive relief was granted.
Negligence
Garas v. Roy Estate; Greiss v. Roy Estate [1999] O.J. No. 273
Paul Muirhead successfully defended his client in this motor vehicle jury trial where it was found that his client did not cause or contribute to the plaintiff's injuries.
Hewitt v. Hillary Cleaners et al, (1998) (Ont. H. C. J.), unreported
Chris Reil successfully represented the plaintiffs in this action against a cleaning company after a break-enter-and-theft was facilitated by a former employee of the defendant. The Court held the defendant was negligent in hiring an employee with an extensive criminal record without performing a proper background check, and for failing to warn the plaintiffs
after discovering her criminal background.
Dibartolo Estate v. Avanti Tavern [1994] O.J. No. 191 (Gen.Div.)
Fire loss destroyed plaintiff's building. Representing the plaintiff, Eric Williams successfully brought an action against a company servicing a fire extinguishing system in a tenant's premises. The servicing company was found liable.
Hobson v. Solarflare Ltd. 1990] O.J. No. 1570 (H.C.)
Representing the defendant who negligently installed a chimney in the plaintiff's premises, Eric Williams successfully refuted the allegation that the negligent installation caused this fire loss.
Hodgins Lumber Ltd. v. Foley [1983] O.J. No. 254 (H.C.)
This action involved the destruction by fire of a large riding stable. Representing the plaintiff, Eric Williams proved the fire was caused by spontaneous combustion as a result of the negligence of the defendant.
Johnston and Johnston v. Standard Life Assurance Co. et al. (1990) O.R. (2d). 495
The plaintiff tripped on a mat in an apartment building parking garage and broke her hip ending up in a wheelchair at trial. The issue was the extent of the owner's liability obligations under the Occupier's Liability Act. The plaintiff was found 50% responsible for her own loss. Eric Williams represented the defendant.
Burns v. Johnston [2003] O.J. No. 2456 (S.C.J.)
In this case the Ottawa police successfully defended a claim for wrongful arrest and negligent investigation. Jaye Hooper represented the police.
Harding v. Myotech Therapeutics Inc. (1999) 85 O.T.C. 49 (Gen.Div.)
Eric Williams represented the plaintiff who was alleged to have breached her fiduciary duty and a non-competition agreement in setting up a separate business. Action dismissed.
St. Prix-Alexander v. Home Depot of Canada Inc. 2008 CarswellOnt 22 (S.C.J.)
Paul Muirhead defended a case involving an injury at a Home Depot Store. Although the plaintiff was successful in her claim on liability, Paul was able to defeat the claims for past loss of income and a substantial future loss of income.
Government Procurement
Xwave Solutions Inc. v. Canada (Public Works and Government Services Canada) (2003) F.C.A. 301
Eric Williams represented the complainant seeking judicial review of the CITT's decision to dismiss its complaint. The Federal Court of Appeal remitted the matter back to the CITT for hearing on certain issues. The CITT ruled against Xwave and refused to grant an oral hearing with reference to the government’s “intention” in drafting the R.F.P. The F.C.A. agreed with the government—holding the CITT was not in breach of the Rules of Natural Justice in failing to order an oral hearing.
Xwave Solutions Inc. v. Canada (Public Works and Government Services Canada) (2001) F.C.A. No. 337 (F.C.A.)
Eric Williams represented the complainant seeking judicial
review of the CITT's decision to dismiss its complaint. The
Federal Court of Appeal remitted the matter back to the
CITT for hearing on certain issues.
Xwave Solutions Inc. v. Canada (Public Works and
Government Services Canada) (2003) F.C.A. 301
Following the above decision, the CITT ruled against
Xwave and refused to grant an oral hearing with reference
to the government’s “intention” in drafting the R.F.P. The
F.C.A. agreed with the government—holding the CITT was
not in breach of the Rules of Natural Justice in failing to
order an oral hearing.
Insurance
SunAlliance Insurance Company v. Commercial Union Assurance Company [1991] O.J. No. 425 (H.C.J.).
In this dispute between two insurers arguing over which was responsible for providing primary coverage for damages arising from a serious motor vehicle accident, Chris Muirhead acted as co-counsel for the defendant insurer—and helped lead the case to successful dismissal.
Saikaley v. Commonwealth Insurance Company, (1989) (Ont. H. C. J.) unreported
Chris Muirhead served as co-counsel defending the insurer in this arson claim, satisfying the court that the fire in question was incendiary and had been arranged by the insured. The court found the insured's failure to deliver a proof of loss was fatal to his claim, rendering him unentitled to relief. The action was dismissed.
Goudie v. Canada Life Assurance Co. (2005) 19 C.C.L.I. (4th) 181 (C.A.)
Eric Williams represented the appellant on an appeal of an order for summary judgment. The issue before the court was critical illness life insurance policy and the definition of "diagnosis". The appeal was allowed and the matter remitted back for trial.
Coutanche v. Napoleon Delicatessen (2004) 72 O.R. (3d) 122
Eric Williams successfully represented the plaintiff at the Court of Appeal on whether the principle of discoverability extended the statutory two year limitation period for a motor vehicle action. Action not dismissed and matter remitted back for trial.
Great-West Life Assurance Co. v. Canada Post Corp. (2001) 38 C.C.P.B. 96 (S.C.J.)
Eric Williams represented the Plaintiff in its claim under a financial agreement for the administering of a benefit plan.
Wolfe v. Lumbermens Mutual Casualty Co. (2001) 32 C.C.L.I. (3d) 121 (S.C.J.)
This landmark case involves an extension of the definition of use and operation of a motor vehicle. Eric Williams represented the insurer in the summary judgment motion. Mark Charron represented Lumbermens at the Court of Appeal. The case was argued at the Supreme Court of Canada and the decision is pending.
702535 Ontario Inc. v. Non -Marine Underwriters, Lloyds of London (2000) 184 D.L.R. (4th) 687 (C.A.), (1997) 48 O.T.C. 256 (Gen.Div.)
This action involved a fire loss of the plaintiff's hotel and the alleged failure of the insurer to pay indemnity in circumstances where it would be liable for bad faith and thus consequential damages. The action was dismissed against the insurer on the facts and upheld by the Court of Appeal. This is a leading decision dealing with the circumstances when consequential damages might be payable by an insurer for breach of an insurance policy and the circumstances under which a bad faith claim may succeed.
Brown v. Royal Insurance Co. of Canada (1996) 7 O.T.C. 245 (Gen.Div.), (1996) 18 O.T.C. 159 (Gen.Div.)
Taking the opposite side of this issue, Eric Williams successfully brought an action against an insurer for coverage following a fire loss and defended the insurer's claim of arson.
Ali v. Diogo [1996] O.J. No. 4094 (Ont. Ct. Gen. Div.)
In this motor vehicle claim involving a collision at an intersection, Christopher Reil represented the defendant insured in a trial that dealt with the liability issue only, it having been agreed to defer the issue of damages to a later date if the plaintiff was successful on the liability issue. The action was dismissed.
Glenview Iron & Metal Ltd. v. National Frontier Insurance Co. (2002), 37 C.C.L.I. (3d) 156; 2002 CarswellOnt 1368
Paul Muirhead defended the insurer in a case brought by the insured for payment of the proceeds of a property damage policy and business interruption insurance policy.
H. Brown Electrical Services Ltd. v. Guardian Insurance Co. (1999) 14 C.C.L.I. (3d) 204 (S.C.J.)
This jury trial involved an insurer denying payment under its policy of insurance on the basis of arson and fraud by the insured. The claim against the insurer was for damages for the fire loss together with punitive damages for bad faith. Action dismissed with a jury at trial. Subsequent appeal to the Court of Appeal by the plaintiff abandoned before the appeal hearing.
Injunctions
Meridian Insurance Group. Inc. v. Regional Group of Companies [2001] O.J. No. 1396 (S.C.J.)
Eric Williams successfully brought an application for injunctive relief on behalf of a commercial tenant to prevent the landlord from forcing the tenant from the premises.
Cvetkovic v. Jurisic [1998] O.J. No. 2364 (Gen.Div.)
Eric Williams, acting for the defendant, successfully defended this motion for a mareva injunction.
Non-Profit corporations
Montreal & Canadian Diocese v. Protection of the Holy Virgin (2002) 30 B.L.R. (3d) 315, (2001) 141 O.A.C. (C.A.), (2001) O.T.C.
This highly contentious case involved two factions of a religion arguing over a church property. The issues related to interpretation of by-laws and fair process in annual general meetings. The Court of Appeal upheld Eric Williams' client's interpretation of the by-laws of the not for profit corporation which owned the church property allowing for a veto in the by-laws by a third party of the decision of the board of directors. Leave to appeal to the Supreme Court of Canada was refused. This valuable property remained in the hands of Eric's client, the original religious organization that had purchased and developed the property.
St. Gregorios Orthodox Church of Toronto v. Thevarkattil (2002) O.T.C. 519 (SCJ)
This application involved the interpretation of by-laws and voting rights in a non-profit corporation. Eric Williams successfully represented the respondents.
Arcand v. Abiwyn Co-Operative, 2010 CarswellNat 1391
Kelly Hart successfully represented the non-profit Abiwin Co-Operative in the Federal Court of Canada where it was held that a previous settlement between the Co-Op and one of its members precluded her from raising the same complaint in a new forum.
Campeau v. Robert Campeau Foundation [2005] O.J. No. 1091 (S.C.J.)
This injunction application involved whether the removal of a board member was done in compliance of the non-profit corporation's by-laws.
Personal Injury
Thomas v. Hamilton (City) Board of Education (1994), 20 O.R. (3d) 598 (C.A.)
Eric Williams, assisted by Paul Muirhead, represented the plaintiff pro bono who was rendered a quadriplegic during a high school football game. The issue was whether or not the Board of Education was negligent in not recognizing that the plaintiff was at special risk for this type of injury because of his body type. The action was dismissed after a lengthy three-month trial in Hamilton. The trial judge found that the Board of Education did not have to know of risks particular to the plaintiff (developed in the U.S.) and thus, were not required to remove him from play. The Court of Appeal agreed that no error was made by the trial judge.
Graces (Litigation Guardian of) v. Carleton Board of Education 2000 CarswellOnt 2325, [2000] CA C31030.
Following a successful defence of this school liability case before a jury in 1998, Paul Muirhead was the respondent at the Court of Appeal where the Appellant Court found no errors on the part of the Trial Judge and dismissed the Appeal with costs.
Professional liability
Upper Valley Dodge v. Huckabone, (2004) 25 R.P.R. (4th) 310 (S.C.J.), [2005] O.J. No. 5097, 205 O.A.C. 238 (C.A.)
Eric Williams represented the defendant solicitor in an action to determine the propriety of a small town law firm representing both sides of a mortgage transaction. At both trial and appeal, the suggestion that the solicitors involved were in breach of their fiduciary duty or negligence was dismissed.
Kisber v. .Ault [2000] O.J. No. 2804 (S.C.J.)
This action involved an attempt to enforce a forged mortgage. There was a further allegation that the defendant solicitor breached her professional duties by failing to report earlier actions by the forgerer to the Law Society of Upper Canada. Eric Williams successfully defended all allegations in acting for the defendant.
Spadaccini v. Rogers [2000] O.J. No. 779 (S.C.J.)
The issue in this case dealt with a client's allegation that he did not authorize the settlement of an action. Eric Williams representing a solicitor, action was dismissed at trial.
The Oblates of Mary Immaculate et al. v. 3220605 Canada Inc. (c.o.b. Life Lease Associates of Canada), John T. Clark, Clarks, et al., [2007] O.J. No. 3336, (SCJ) (Court of Appeal hearing pending)
Eric Williams successfully represented the defendant solicitor and law firm (John T. Clark, Clarks), against claims of breach of contract, breach of fiduciary duty, and negligence, who advised a client on the application of the Planning Act and the Residential Complex Sales Representation Act to the construction of a 50 unit life lease housing complex.
Lumbermens Mutual Casualty Company v. Herbison (2007) 3 S.C.R. 393
Jaye Hooper successfully appealed a Court of Appeal decision on the use and operation of a motor vehicle that arose out of an unusual hunting accident.
Parliamentary Privilege
Zundel v. Liberal Party of Canada (1999) 60 C.R.R. (2d) 189 (Gen.Div.)
This action for libel and for a breach under the Charter of Rights and Freedoms involved issues of parliamentary privilege and was defeated on a summary judgment motion.
