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Selected Cases

Examples of my decision-making analysis and writing style can be found in the illustrative decisions that I authored as a judge set out below.

Commercial Cases

TRIAL DECISIONS

Harris v. Leikin, 2013 ONSC 1525

Dispute over the fairness of a share redemption transactions involving closely-held family companies.

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APPEAL DECISIONS

Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320

Appeal from a judgment in a proceeding in which investors alleged their investments in vehicles designed to develop Russian oil and gas fields were induced by fraudulent misrepresentations.

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College of Optometrists of Ontario v. Essilor Group Inc., 2019 ONCA 265

Appeal concerning whether Ontario regulations prevented a British Columbia based online retailer of prescription eyewear from filling orders placed by Ontario residents.

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Omers Realty Corp. v. 7636156 Canada Inc. (Trustee in Bankruptcy of), 2020 ONCA 681

Whether a landlord was entitled to draw on the full amount of a letter of credit posted as security by a tenant in circumstances where the tenant’s trustee in bankruptcy had disclaimed the lease.

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Pinnacle International (One Yonge) Ltd. V. Torstar Corporation, 2024 ONCA 755

Dissent in commercial lease interpretation case.

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Estate Cases

TRIAL DECISIONS

Kaptyn Estate, 2010 ONSC 4293

Interpretation of primary and secondary wills in the context of a multi-corporation estate, inter-company loans, and bequests of specific assets to the testator’s grandchildren

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Arbitration-Related Decisions

APPEAL DECISIONS

Husky Food Importers & Distributors Ltd. V. JH Whittaker & Sons Limited, 2023 ONCA 260

The standard of proof applicable on an application under s. 9 of the International Commercial Arbitration Act, 2017 to stay a court proceeding on the basis that the dispute was subject to an arbitration agreement.

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RH20 North America Inc. v. Bergmann, 2024 ONCA 445

Whether bringing a motion in court to strike out part of a claim prevented the motion party from seeking to stay the court action in favour of arbitration

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