Dismissed

Civil Litigation: Law Firm Partnerships; Summary Judgments

1770650 Ontario inc. v. McEnery, 2021 ONCA 129 (39643)
The Respondent William McEnery now known as Williams Litigation Lawyers (the Firm) was a law firm in Ottawa, specializing in civil litigation. The Respondent Paul McEnery was a lawyer practising mainly in the area of corporate law, commercial law, real estates and estate law who was sharing space with the Firm. An action was brought against both Respondents by the Applicant 1770650 Ontario Inc. The Applicant alleged that as a result of dealings with Mr. McEnery, it provided in September 2015, $241K in order to pay off and discharge a mortgage. However, it appeared the mortgage was never discharged as it remains registered on title. 1770650 Ontario Inc. seeks to recover the amount advanced as well as additional costs incurred to maintain the mortgage in good standing. It alleged Mr. McEnery was dealing as, or was held out to be, a partner of the Firm. The Applicant brought a motion for summary judgment against the Respondents. In response, the Firm sought summary judgment in its favour dismissing the claim against it. The Superior Court of Justice granted the motion for summary judgment against Mr. McEnery in favour of 1770650 Ontario Inc. It dismissed the motion for summary judgment against the Firm and granted the motion for summary judgment in favour of the Firm against 1770650 Ontario Inc. The C.A. dismissed the appeal. “The application for leave to appeal…is dismissed with costs to the respondents Williams McEnery and Williams Litigation Lawyers.”

Civil Litigation: Law Firm Partnerships; Summary Judgments

1770650 Ontario inc. v. McEnery, 2021 ONCA 129 (39644)
Similar summary to that immediately above. “The application for leave to appeal…is dismissed with costs to the respondents Williams McEnery and Williams Litigation Lawyers.”

Criminal Law: Dangerous Driving Causing Death

Morin v. R., 2021 QCCA 397 (39673)
A police vehicle driven by Isabelle Morin collided with a motorcycle that was travelling at a high speed southbound on the Autoroute Laurentienne. The collision caused the motorcyclist’s death. Ms. Morin was charged with dangerous driving causing death. The Court of Québec acquitted Ms. Morin of that charge. The Québec C.A. allowed the Crown’s appeal, set aside the verdict of acquittal and ordered a new trial. “The application for leave to appeal…is dismissed.”

Real Property: Expropriation; Limitation Periods

Soucy v. Her Majesty the Queen (Minister of Transportation), 2021 NBCA 11 (39649)
In 1992, the Province of New Brunswick expropriated portions of land owned by Paul Emile Soucy for highway construction. In 1993, the Province made a statutory offer to Mr. Soucy for $11,121. Mr. Soucy provided written particulars for compensation for injurious affection within one year of expropriation, as required under s. 47(1) of the Expropriation Act. Following Mr. Soucy’s written notice, neither party attempted to negotiate a settlement of the claim for injurious affection for years. In 2013, 20 years and four months after the expropriation took place, a law firm representing Mr. Soucy filed a Notice of Arbitration to commence proceedings in the Court of Queen’s Bench. Under the Expropriation Act and its Regulations, the Notice of Arbitration constituted an originating process. In 2018, the Province filed a motion seeking a determination of a question of law, namely whether Mr. Soucy’s Notice of Arbitration was statute-barred. A chambers judge of the New Brunswick Court of Queen’s Bench dismissed the motion, holding the applicable limitation period is prescribed by the Expropriation Act. The New Brunswick C.A. allowed the appeal and dismissed Mr. Soucy’s action on the basis the limitation period in the Limitation of Actions Act had expired. “The application for leave to appeal…is dismissed with costs.”

Real Property: Real Estate Agents

Services Immobiliers Asgaard inc. v. Gareau, 2020 QCCA 1769 (39589)
There is a sealing order in this case, in the context of litigation arising from a real estate broker changing firms. “The application for leave to appeal…is dismissed.”