Appeal Archives | Xaidsart LLP | Smart Litigation

Xaidsart PARTNERS SUCCESSFULLY APPEAL DEFAMATION JUDGMENT

Ted Marrocco — Thu, 23 Nov 2023 02:03:19 +0000

The Manitoba Court of Appeal recently allowed the appeal of Xaidsart clients, the Canadian Broadcasting Corporation and its reporter Gosia Sawicka, from the trial decision in a significant defamation case. In its unanimous ruling, the Court of Appeal found that CBC’s reporting related to matters of public interest and was protected by the responsible communication defence and that, in the alternative, the nearly $1.7 million in damages awarded by the trial judge could not be supported. Xaidsart partners Andrea Gonsalves and Justin Safayeni represented the appellants together with Rod Roy of Taylor McCaffrey in Winnipeg. You can read the Court of Appeal’s judgement here.

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Xaidsart LAWYERS WIN RARE APPEAL ON INTERIM CONTROL BY-LAWS

Ted Marrocco — Wed, 02 Nov 2022 12:29:02 +0000

Xaidsart lawyers Brian Gover and Justin Safayeni successfully represented the appellant in a case dealing with the limits of municipal power under the Planning Act to enact interim control by-laws, which are designed to allow municipalities to deal with urgent situations without following most of the procedural protections involved in a normal by-law process. The appellant is a developer that was adversely impacted by interim control measures put in place by a municipality. The appellant sought to quash the by-laws and pursued relief against the Township for alleged misfeasance and negligence as well. The Court of Appeal unanimously allowed the appeal. In so doing, the Court held that interim control by-laws cannot restrict the subdivision of land, and that more than one interim control by-law cannot simultaneously apply to the same piece of land. This is the first appellate decision to squarely address these issues. The by-laws in question were quashed and the matter returned to the lower court for a trial on whether the torts can be made out. You can read the full decision here.

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Paul Le Vay and Stephen Aylward succeed at the Court of Appeal

Ted Marrocco — Fri, 29 May 2020 18:48:20 +0000

In Bowman v Martineau, Xaidsart ’ lawyers Paul Le Vay and Stephen Aylward were successful in persuading the Court of Appeal for Ontario to reverse the trial judge’s decision on damages. The case involved negligence on the part of a real estate agent that caused a purchaser to acquire a residential property while unaware of significant mould and water damage. At trial, the purchaser was awarded damages based upon the cost to repair the home, even though that cost was almost twice the purchase price. The Court of Appeal found that the proper measure of damages in the circumstances was the diminution in value to the property caused by the hidden defects. Clarifying prior case law, the Court held that there is no general rule that cost of repair is the default measure of damages in residential real estate cases Rather, it emphasized the importance of causation to the selection of measure of damages in professional negligence cases. This will be highly significant to real estate agents and other professionals, because in most cases this factor will favour the diminution in value approach.

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Xaidsart successful in quashing appeal and judicial review of OSC decision

Ted Marrocco — Mon, 30 Apr 2018 16:03:26 +0000

Paul Le Vay and Carlo Di Carlo successfully represented the OSC in a motion to quash an appeal and judicial review application relating to a decision of the Commission. The underlying decision dealt with a determination at a pre-hearing motion that certain documents were not protected by solicitor-client privilege. The respondent brought his appeal and judicial review application almost immediately after the decision was released, and before the merits hearing even started.

In quashing the appeal, the Divisional Court confirmed that s. 9 of the Securities Act does not provide a right to appeal an interlocutory decision. Similarly, in quashing the judicial review, the Court clarified that determinations of solicitor-client privilege do not give rise to an “exceptional circumstance” and thus an exception to the application of the prematurity doctrine (which states that judicial review is not permissible until the merits of the matter have been finally determined, but for in exceptional circumstances).

A link to the decision is here.

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