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NOTABLE CASES

Ontario Supreme Court
Rush v De Ruiter, 2018 ONSC 1210
Defence of a summary judgment motion establishing that a waiver of liability is not
enforceable by a medical practitioner on public policy grounds

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Morse Shannon LLP v Fancy Barristers, 2017 ONSC 2135
Motion opposing the recusal of case management judge

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National Industries Inc v Kirkwood, 2017 ONSC 4196
Motion to amend statement of claim asserting a new cause of action

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National Steel Car v IESO, 2018 ONSC 5165

Motion to strike notice of application in constitutional challenge of the Global Adjustment
under the Electricity Act

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Perlmutter v Smith, 2020 ONSC 4722
Application to enforce a Letters Rogatory

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National Steel Car v Arcelor Mittal Dofasco et al, 2022 ONSC 6742
Motion for injunctive relief to enforce a municipal by-law in an action for nuisance

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National Industries v Kirkwood, 2022 ONSC 937
Motion to strike pleadings under Rule 21

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Mascarenhas v Teo (unreported jury trial)
Acted for plaintiffs in fatality claim with a jury award in excess of $2 million

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Coccimiglio v Sage Real Estate, 2024 ONSC 1431
Acted for a defendant and successfully had a statement of claim seeking millions of
dollars in damages struck for disclosing no reasonable cause of action without leave to
amend.

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National Steel Car v City of Hamilton, 2024 ONSC 4120
Acted for the plaintiff in a successful action for nuisance with a total recovery of
approximately $8 million, including $900,000 in punitive damages.

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Ontario Divisional Court
National Industries Inc v Kirkwood, 2018 ONSC 1490
Appeal of a motion to amend a statement of claim asserting a new cause of action

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Mersky v Coccimiglio, 2021 ONSC 956
Leave to appeal a summary judgment motion arising from a failed real estate
transaction

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Wilder v Ng, 2022 ONSC 4876
Judicial review of an HPARB appeal of a CPSO complaint by a patient

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Court of Appeal for Ontario
Canadian Language Leadership Centre v 20 Eglinton Commercial Centre,
2018 ONCA 604

Appeal of a summary judgement motion in a commercial leasing dispute

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National Steel Car v IESO, 2020 ONCA 37
Appeal of a motion striking notice of application for disclosing no reasonable cause of
action in a constitutional challenge of the Global Adjustment under the Electricity Act

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Perlmutter v Smith, 2020 ONCA 611
Acted for respondent on appeal of an application to enforce a Letters Rogatory

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National Industries v Kirkwood, 2023 ONCA 63
Appeal of rule 21 motion to strike

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Health Professions Appeal and Review Board
M.W. v V.L.N, 2018 CanLII 107132 (ON HPARB)
HPARB appeal of a patient complaint to the College of Physicians and Surgeons

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