Purchase This Domain

Property — Mortgages — Mortgagee in possession — Accounting — Appellant mortgagee collected rents and sold properties under power of sale — Respondent sought accounting, alleging recovery exceeded amounts owed under mortgage and default judgment — Was the application judge’s determination inconsistent with the default judgment, amounting to an impermissible collateral attack? — No inconsistency shown — Appellate court upheld application judge’s findingsEvidence — Expert evidence — Forensic accounting — Application judge accepted respondent’s expert’s calculations, subject to adjustments — Appellant alleged errors in interest calculations under mortgage and default judgment — Did the application judge err in accepting the expert’s calculations? — No palpable and overriding error shown — Deference owed to trial judge’s findingsCivil procedure — Appeals — Deference to trial judge’s findings — Assessment of damages — Appellate court will not interfere absent error of principle, misapprehension of evidence, or palpable and overriding error — Did the application judge err in assessing damages? — No errors justifying appellate intervention shown — Judgment upheld

Criminal infractions — Second-degree murder — Intoxication — Sentencing — Parole ineligibility — Appellant convicted of second-degree murder after assaulting an elderly woman while under the influence of drugs — Did the trial judge err in treating the appellant’s statements to police as an aggravating factor in sentencing? — Sentencing principles and proportionality in parole ineligibility determinations under s. 745.4 of the Criminal CodeCriminal procedure — Out-of-court statements — Fabrication — Intoxication defense — Appellant’s statements to police rejected as self-serving and fabricated — Did the trial judge err in using the appellant’s statements as circumstantial evidence of guilt without independent evidence of fabrication? — Governing principles for assessing fabricated statements in criminal trialsEvidence — Intent — Intoxication — Key witness testimony — Appellant’s behavior before the attack described as “changed” by a key witness — Did the trial judge fail to consider critical evidence on the appellant’s intent? — Trial judge’s discretion in weighing evidence and expert testimony on intoxication effectsCriminal procedure — After-the-fact conduct — Intoxication — Surveillance footage showing appellant’s deliberate actions after the attack — Did the trial judge err in relying on after-the-fact conduct to assess the appellant’s state of mind and level of intoxication? — Relevance of post-offense conduct to intent and intoxication defenses

Securities — Class actions — Certification — Ontario Securities Act — Cryptocurrency derivatives — Failure to file prospectus — Did the motion judge err in finding that the Claim pled a reasonable cause of action under the OSA and at common law? — Standard for determining whether a claim is “plain and obvious” to fail — Class Proceedings Act, 1992, s. 5(1)(a) — Ontario Securities Act, R.S.O. 1990, c. S-5, ss. 53(1), 71(1), 133(1)Statutory interpretation — Securities law — Prospectus requirements — Civil remedies — Whether s. 133 of the Ontario Securities Act provides a remedy where no prospectus was filed — Interpretation of “filed” in s. 71(1) — Remedial purpose of the OSA — Presumption against abrogation of common law rights — Rizzo & Rizzo Shoes Ltd. (Re) principles appliedEvidence — Class actions — Common issues — Rescission as a remedy — Whether the motion judge erred in finding “some basis in fact” for common issues — Standard form contracts between class members and Binance — Conflicts in evidence to be resolved at trial, not certification — Class Proceedings Act, 1992, s. 5(1)(c)Civil procedure — Class actions — Certification criteria — Identifiable class — Preferable procedure — Representative plaintiffs — Whether the motion judge erred in his analysis of ss. 5(1)(b), (d), and (e) of the Class Proceedings Act, 1992 — Access to justice for small investors — Standard of review for certification decisions