Law Times

PAGE 18 CaseLawLaw FEDERAL COURT OF APPEAL Human Rights Legislation REMEDIES Quantum of wage loss and nature of proof required were matters best left to tribunal Tribunal declined to order com- pensation for lost wages in rela- tion to discriminatory job clas- sifi cation on basis that respon- dent complainants had not es- tablished that wage loss resulted from discriminatory Tribunal practice. awarded compensa- tion for pain and suff ering to two of approximately 413 com- plainants. Federal Court Judge set aside tribunal's decision with respect to both compensation for lost wages and pain and suf- fering and remitted matter to new panel for determination. Crown appealed with respect to wage loss aspect of judgment only. Judge correctly held that error lay in tribunal's require- ment that complainants again establish existence of wage loss. Tribunal had already deter- mined existence of compen- sable wage loss in its liability determination. Only question before it was amount of wage loss. Question of quantum of wage loss and nature of proof required were matters best left to tribunal. Canada (Human Rights Com- mission) v. Canada (Attorney General) (June 13, 2011, F.C.A., Nadon, Layden-Stevenson and Mainville JJ.A., File No. A-477- 10) Decision at 194 A.C.W.S. (3d) 1222 was affi rmed. 203 A.C.W.S. (3d) 352 (21 pp.). OLD AGE SECURITY Agreement on Social Security between Canada and Jamaica did not assist appellant Federal Court Judge correctly dismissed appellant's application for judicial review of Review Tribunal's decision dismissing appellant's appeal of two recon- sideration decisions of Minister of Human Resources Develop- ment denying her full pension under Old Age Security Act (Can.). No reviewable error in Federal Court Judge's fi nding that appellant was not resident in Canada on July 1, 1977, and did not have visa at that time. No re- viewable error in her conclusion that appellant did not qualify for full pension. No reviewable er- ror in concluding agreement on Social Security between Canada and Jamaica did not assist ap- pellant because she had not met residency requirements. Singer v. Canada (Attorney Gen- eral) (May 25, 2011, F.C.A., Sharlow, Pelletier and Stratas JJ.A., File No. A-310-10) Deci- sion at 191 A.C.W.S. (3d) 1000 was affi rmed. 203 A.C.W.S. (3d) 439 (5 pp.). Taxation INCOME TAX Paid dividend included in income could not, at same time, constitute bad debt Tax Court Judge dismissed ap- pellant's appeals from Minister of Revenue's reassessment of ap- pellant's 1999 to 2002 taxation years. Judge found that unpaid portion of promissory note in amount of approximately $10.6 million, delivered to ap- pellant by 100935 Canada, was not "debt owing" to appellant September 19, 2011 • Law timeS COURT DECISIONS CaseLaw is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. CaseLaw is a weekly summary of notable unreported civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. Single or multiple copies of the full text of any case digested in this issue can be obtained by: Social Welfare These cases may be found online in BestCase and other electronic resources from Canada Law Book. To subscribe, please call 1-800-565-6967. i) completing and mailing in the order form in this issue; or ii) calling CaseLaw's photocopy department at (905) 841-6472 in Toronto, (800) 263-3269 in Ontario and Quebec, or (800) 263-2037 in other provinces; or iii) faxing a copy of the completed order form to (905) 841-5085. pursuant to s. 20(1)(p)(i) of Income Tax Act (Can.). Judge was correct to conclude that bad debt deduction should be disallowed. Dividend had been included in appellant's income for 2000 as paid dividend and could not, at same time, consti- tute bad debt within meaning of s. 20(1)(p)(i). Mills Estate v. Canada (June 30, 2011, F.C.A., Nadon, Pel- letier and Mainville JJ.A., File No. A-344-10) Decision at 192 A.C.W.S. (3d) 671 was af- fi rmed. 203 A.C.W.S. (3d) 442 (11 pp.). ONTARIO CIVIL CASES Civil Procedure COSTS Appropriate to award percentage of costs to be responsibility of applicant's solicitor Defendant was successful in de- fence of municipal by-law pro- viding for bilingual commercial signs. First applicant was found to have no standing. Arguments of second applicant were re- jected and application was dis- missed. Matter was important. Matter featured complex issues. Th ere was no matter of public interest served by litigation. Some steps in litigation were unnecessary. More than partial indemnity rate was appropriate. Costs were fi xed at $100,000 for fi rst applicant and $80,000 for second applicant. It was ap- propriate disposition to award 40% of $100,000 costs award- ed against fi rst applicant and 40% of $80,000 costs awarded against second defendant to be responsibility of applicant's so- licitor. Time was wasted during hearing and signifi cant costs in- curred by respondent as result of various positions taken by applicant's solicitor and by lack of preparation of applicant's so- licitor. Galganov v. Russell (Township) (May 30, 2011, Ont. S.C.J., Metivier J., File No. 08-CV- 41980) 203 A.C.W.S. (3d) 253 (20 pp.). Employment WRONGFUL DISMISSAL Plaintiffs failed to mitigate loss by not accepting reasonable offers of employment Defendant employed plaintiff s as parking lot attendants. Park- ing lot location was closing. Defendant argued he off ered plaintiff s alternative employ- ment on same terms at nearby location. Plaintiff s denied re- ceiving off ers. Plaintiff s brought action for wrongful dismissal. Actions were dismissed. Defen- dant made genuine off er of em- ployment to plaintiff s. Plaintiff s failed to mitigate loss by not accepting reasonable off ers of employment. Rashid v. Canada Auto Parks (May 27, 2011, Ont. S.C.J. (Sm. Cl. Ct.), Godfrey J., File No. TO 99128/10; 99129/10) 203 A.C.W.S. (3d) 318 (4 pp.). Family Law CUSTODY Any order made would be ignored and flouted by mother Application by father for ac- cess to son, aged ten. Applica- tion had been before court for over four and one-half years. Attempts made by case man- agement judge to have situation assessed by Offi ce of Children's Lawyer and for therapeutic re- introduction of child to father to be made under supervision of physician failed as mother refused to bring child to see ei- ther professional. Child had not seen father in over seven years. Application dismissed. Mother prepared to go to any lengths to thwart any access. Mother had not complied with any of court orders that would have assisted court in clarifying whether ac- cess would be in child's best interests. Likelihood for suc- cessful reintegration of father with son not good. Any order made would be ignored and fl outed by mother. Attempts to enforce order would lead inevi- tably to contempt motions and police intervention. Any further eff ort to eff ect change should be abandoned. Complex, high confl ict situation with no avail- able treatment or appropriate alternate child custody option. A. (R.G.) v. C. (K.A.) (May 20, 2011, Ont. C.J., Jones J., File No. DFO 01 0865 B3) 203 A.C.W.S. (3d) 335 (17 pp.). Torts NEGLIGENCE Contractor's obligation to install snow fencing arose only if directed to by engineer Motion by grading contractor for summary judgment dismiss- ing third party and cross-claims against it. Plaintiff s were in- volved in separate motor vehicle accidents when they lost con- trol of vehicles and struck same hydro pole on municipal road. Actions had been settled with municipal defendants, but third party and cross-claims were still outstanding. Developer was constructing large devel- opment along road in question and contractor was retained to perform major site grading. As a result, land that had been 2012 BRITISH COLUMBIA LEGAL TELEPHONE DIRECTORY Get naMeS, MaiLinG addreSSeS, eMaiL addreSSeS and PhOne nuMberS fOr LawyerS and Law OfficeS in britiSh cOLuMbia, nunavut, nOrthweSt territOrieS and the yukOn In one handy volume you'll have a single means of access to every lawyer and law firm in British Columbia, Northwest Territories, Nunavut and the Yukon. Published annually, the current edition includes: • British Columbia Notaries • British Columbia Land Surveyors • Shorthand Reporter's Association • Canadian Association of Para-Legals • Northwest Territories, Nunavut and Yukon listings. This directory has: • Durable spiral-bound format • E-mail addresses (where available) • Federal court listings • Federal government departments • Up-to-date addresses, telephone numbers and fax numbers (with firm listing) Spiralbound • June 2011 • One time purchase $39.00 L88804-530 • On subscription $39.00 L88804-530-26065 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. Visit canadalawbook.ca or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST www.lawtimesnews.com B.C. - 1-4 pg - 5X .indd 1 8/24/11 4:26:09 PM

• Cover
• LSUC Fracas
• Bilingual Judges
• Focus On Business/Competition Law