Uncategorized

22
Jan

HUMAN RIGHTS JUDGEMENT AGAINST CO-OP BOARD ON BEHALF OF RESIDENT’S GROUP

Firm pursues interests of 10 applicants before the Human Rights Tribunal and succeeds.  Watch Firm Litigator Karen Sanchez and applicants interviewed by the CBC and Global News and read Front Page article in the Toronto Star and article in CBC News online.  See 88-page Decision of Adjudicator D. Sanderson (88pgs) including a requirement to post the decision continuously for 6 months, send

Read more

2
Sep

$75,000.00 SEVERANCE PLUS $35,000.00 COST JUDGEMENT – CONTRACT OVERRIDES EMPLOYER’S CAUSE ALLEGATION

Judgement in the amount of $75,000.00 plus additional $35,000.00 in costs secured despite court’s finding of cause for the termination.  Termination provisions in employment contract override employer’s defence.  Court also dismisses employer’s groundless counterclaim.  G.C.S.L. v. Premier Salons Ltd., 2014 ONSC 5028.

4
Jun

FIRM QUASHES APPEAL BEFORE IT CAN BE HEARD

Firm litigator Hashim Syed succeeds in quashing Appeal proceeding before it can be heard on its merits.  Successful Divisional Court motion to quash avoids time and cost of full hearing and nets rare Full Indemnity cost award of $25,337.10 plus interest in favour of client:  Judgement of Justice Kiteley entered Jun 2014

11
Dec

ONTARIO COURT OF APPEAL CONFIRMS RIGHT TO SUE MUNICIPALITY AND BY-LAW OFFICER FOR NEGLIGENCE

Lawyer Yan David Payne takes over carriage of case and succeeds at the Ontario Court of Appeal establishing new law.  Court unanimously overturns Divisional Court panel and recognizes client’s right to sue municipality and by-law officers for negligence and permits claim to proceed: “It is in everyone’s interest that by-laws not be enforced in an ‘unconstrained manner’”  Rausch v. Pickering

Read more

14
May

COURT ALLOWS $12M LAWSUIT TO PROCEED

Lawyers Yan David Payne and Hashim Syed take over file from Bay Street firm and lead charge in 3-day court motion culminating in full victory against senior members of Ontario bar appointed by professional liability insurers.  Superior Court rejects attempt by Client’s former lawyer and former accountants to derail $12 Million negligence lawsuit.  Bahl v. Cadesky and Associates and Barry

Read more

17
Apr

$250K+ WRONGFUL DISMISSAL JUDGEMENT UPHELD BY ONTARIO COURT OF APPEAL

  Yan David Payne secures unanimous Ontario Court of Appeal decision confirming $256,902.93 Wrongful Dismissal Trial Judgement plus costs of trial and appeal and interest.  Court awards compensation for lost wages over a 29 month period and a 15% ownership interest in company to this former manager.  See Ontario Court of Appeal Decision.  See also lower court decision:  Loyst v. Chatten’s Better Hearing Service, Court File No.

Read more

15
Apr

$3.8 MILLION JUDGEMENT

Judgement worth $3.8 Million+ against Canada Revenue Agency in dispute involving wage classification and highly disputed facts.  Lawyer Yan David Payne also obtains substantial cost reimbursement for firm client.  Osinski v. Her Majesty the Queen, Court Docket Number 2010-3246(I)G.  CRA credits $3,834,543.62 back: Osinski Notice of Reassessment 2013