Smith v Canada

Counsel for the intervener Ontario Superior Court Judges Association in the successful judicial review commenced by the Honourable Justice Patrick Smith challenging two decisions of the Canadian Judicial Council which were critical of Justice Smith’s decision to serve as Interim Dean (Academic) at the Bora Laskin Faculty of Law at Lakehead University.

Tom Curry, Scott Rollwagen & Margaret Robbins | May 21, 2020

Alliance v Gardiner Roberts

Counsel to the Defendant barristers and solicitors in an action claiming damages of over $12 million arising from a dental equipment supply agreement.  The plaintiffs alleged breach of fiduciary duties and negligence. At trial, nominal damages of only $2,000 were awarded.

Tom Curry, Rebecca Jones, Brendan F. Morrison & Sarah Bittman | January 6, 2020

Icona Hospitality v 2748355 Canada Inc et al

Counsel to a major real estate development company on appeal in a dispute relating to a large residential development and the interpretation of a restrictive covenant agreement.

Tom Curry, Andrew Parley, Matthew B. Lerner, Jonathan D. Langley & Scott Rollwagen | May 27, 2019

Rooplal v Toronto Transit Commission

Counsel to the Toronto Transit Commission in an appeal about the applicability of limitation periods to claims for unidentified motor vehicle coverage.

Tom Curry & Adam H. Kanji | January 1, 2019

Inquiry of the Office of the Integrity Commissioner re: The Honourable Doug Ford, Premier of Ontario

Counsel to senior public official summonsed as part of the Integrity Commissioner’s inquiry relating to the appointment of Ron Taverner as Commissioner of the Ontario Provincial Police.

Tom Curry & Rebecca Jones | December 1, 2018

Faas v Centre for Addiction and Mental Health Foundation

Counsel to the respondent Centre for Addiction and Mental Health Foundation in an application and appeal by a donor to have an investigation conducted by the Public Guardian and Trustee into how the Foundation had used his donation. The Foundation was successful in resisting the relief sought at the application stage, and in having that decision upheld at the Court of Appeal for Ontario.

Tom Curry, Rebecca Jones & Kelly Hayden | June 1, 2018

Jeffery v London Life Insurance Company

Counsel to the Law Foundation of Ontario successfully responding to an appeal regarding the payment of its levy in a class action.

Tom Curry & Paul-Erik Veel | December 31, 2017

Rosseau Asset Management v The Rosseau Group

Counsel to Rosseau Asset Management  in a trade-mark infringement and passing off action.

Sana Halwani, Tom Curry, Laurel D. Hogg & Margaret Robbins | May 4, 2017

The Association of Justices of the Peace of Ontario v Ontario

Counsel to the AJPO in a successful application for judicial review of the Ontario government's response to a judicial remuneration commission.  An interim order was obtained that stayed the implementation of certain changes to the benefits of the Justices of the Peace of Ontario pending the hearing of the application.

Tom Curry, Scott Rollwagen, Mariam Moktar & Sam Johansen | June 19, 2016

407 ETR Concession Company Limited v Day

Counsel to the 407 ETR in a successful motion and appeal to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR.  The Ontario Court of Appeal's decision is one of the leading cases on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.

Tom Curry, Scott Rollwagen, Rebecca Jones & Kelly Hayden | July 17, 2015

Locking v McCowan

Counsel to the defendants in a class proceeding by unit holders of Partners REIT.

Tom Curry & Mariam Moktar | June 1, 2015

College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v Federation of Ontario Traditional Chinese Medicine Association

Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in an application and subsequent appeal against respondent organizations and individuals for declarations that the respondents breached the Regulated Health Professions Act.  Interim injunctions obtained against the respondents.

Tom Curry, Jaan Lilles & Laura Robinson | March 2, 2015

Chen v Toronto Transit Commission

Counsel to the defendant Toronto Transit Commission in the trial of a claim for damages for injuries arising out of a pedestrian collision.

Tom Curry & Brendan F. Morrison | March 11, 2014

Goodman v Viljoen

Counsel to the defendant physician in a compromised infant medical negligence action at trial and on appeal.

Tom Curry, Anne E. Posno & Rebecca Jones | December 1, 2012

Partnership Arbitration

Counsel to the largely successful law firm respondent at an arbitration involving a partnership dispute.

Tom Curry & Rebecca Jones | November 16, 2012

Mendlowitz v Chiang

Counsel to an individual in a series of complex proceedings relating to the enforcement of a foreign judgment, bankruptcy, and contempt of court.

In the course of the proceeding, Lenczner Slaght was counsel to the defendant on several trials, motions, and appeals, including in what has become one of the leading cases on civil contempt.

Tom Curry, Anne E. Posno & Constanza Pauchulo | July 1, 2012

Timpano v Hurst

Counsel to successful defendant general surgeon on a dismissal of an appeal and at the trial of a medical negligence action involving a patient who suffered post-surgical complications and died.

Tom Curry & Anne E. Posno | December 1, 2009

Workentin v Hospital for Sick Children

Counsel to successful defendant pediatric surgeon at trial in a medical negligence action involving an alleged misdiagnosis of a bowel disease.

Tom Curry & Anne E. Posno | August 1, 2008

407 ETR Concession Company v Ontario (Registrar of Motor Vehicles)

Counsel to the 407 ETR in a successful judicial review application, in which the 407 ETR sought an order compelling the Registrar of Motor Vehicles to comply with his statutory duties concerning validation of vehicle permits.

Tom Curry, Nina Bombier & Rebecca Jones | April 29, 2005

Dow v 407 ETR Concession Company Limited

Counsel to the defendant 407 ETR in a class action relating to the use of the statutory licence plate denial remedy in relation to insolvent individuals.

Tom Curry, Rebecca Jones, Andrew Parley & Kelly Hayden | July 7, 2001

2363523 Ontario Inc v Nowack

Counsel on an appeal arising from a finding of contempt.

Tom Curry & Laura Robinson | June 12, 2001

Botiuk v Danyliw Estate

Counsel to the defendants in proceedings to recover an outstanding judgment.

Tom Curry | April 17, 2001

Ivanhoé Cambridge II Inc v The Regional Municipality of York

Counsel to the applicant in a judicial review application arising out of the decision of the Regional Municipality of York to modify and approve an official plan amendment for the City of Vaughan.

Tom Curry, Scott Rollwagen & Ian MacLeod | April 11, 2001

Moore v Getahun

Counsel on appeal for the defendant physician in a proceeding alleging negligence in the treatment of a fractured wrist. The Court of Appeal's decision provided important guidance on the role of counsel in the preparation of expert reports and the limits on the production at trial of information from an expert witness's file.

Tom Curry & Jaan Lilles | April 8, 2001

Ontario Power Authority

Counsel to the Ontario Power Authority in relation to the review of the construction and relocation of two gas plants by the Ontario legislature's Standing Committee on Justice Policy.

Tom Curry, Monique Jilesen, Andrew Parley & Christina Shiels-Singh | April 1, 2001

Law Society of Upper Canada v Opara

Counsel to the Law Society of Upper Canada in a successful appeal of a decision concerning unprofessional conduct by a barrister.

Tom Curry, Jaan Lilles, Andrew Porter & Laura Liu Brooksbank | March 22, 2001

Ramsay v Panasonic Corporation

Counsel to a defendant electronics company in a proposed British Columbia class action relating to allegations of price-fixing in the market for capacitors.

Tom Curry, Monique Jilesen & Paul-Erik Veel | March 10, 2001

Niagara Escarpment Commission v The Joint Board

Counsel for the successful respondent, Walker Aggregates Inc, in an application for judicial review of a decision of the Joint Board to grant conditional approval to Walker Aggregates to develop a quarry on land that falls within the Niagara Escarpment Plan area.

Tom Curry & Ian MacLeod | February 4, 2001

Eppich v Boiron Canada Inc

Counsel to Boiron, a Quebec based company, in a class action alleging misrepresentations in the marketing of a homeopathic medicine product.

Tom Curry & Monique Jilesen | February 2, 2001

Southcott Estates Inc v Toronto Catholic District School Board

Counsel for appellant/respondent on cross-appeal, Southcott Estates Inc., on an appeal to the Supreme Court of Canada regarding the duty to mitigate losses and the availability of the remedy of specific performance in a breach of contract action.

Read Lexpert's Significant Matters summary.

Tom Curry & Paul-Erik Veel | December 24, 2000

Law Society of Upper Canada v Coady

Counsel for the Law Society in the successful prosecution of a member for professional misconduct. The decision was affirmed on appeal by the Law Society Appeal Panel.

Tom Curry, Jaan Lilles, Matthew B. Lerner & Lindsay Beck | November 23, 2000

Law Society of Upper Canada v Ross

Counsel for the Law Society in an appeal from a Discipline Committee decision.

Tom Curry & Nina Bombier | October 15, 2000

Commissioner, Ontario Provincial Police v MacDonald

Counsel for Commissioner of the OPP in judicial review proceedings in the Divisional Court and Court of Appeal for Ontario relating to hearings under the Police Services Act.

Tom Curry | September 6, 2000

Precious Metal Capital Corp v Smith

Counsel in an appeal concerning the jurisdiction of the Court relating to a foreign mine.

Tom Curry | July 5, 2000

Law Society of Upper Canada v Canada (Attorney General)

Counsel on a motion to authorize a Law Society of Upper Canada Investigator to seize evidence from the RCMP.  Raised issues of constitutional law.

Tom Curry & Rebecca Jones | July 1, 2000

Ontario (Racing Commission) v Hudon

Counsel to the applicant in an application for judicial review from a decision of the Ontario Racing Commission concerning the admissibility of a confession.

Tom Curry | June 28, 2000

Franklin v College of Physicians and Surgeons of Ontario

Counsel to a physician in a judicial review application concerning the jurisdiction of the Discipline Committee of the College of Physicians and Surgeons of Ontario to order payment of costs in certain circumstances.

Tom Curry | June 14, 2000

Crown Life Insurance Co v Canada Life Assurance Co

Counsel for the Canada Life Assurance Co in a dispute surrounding the interpretation of an indemnity provision in an agreement for purchase and sale.

Tom Curry | June 9, 2000

Giroux Estate v Trillium Health Centre

Counsel to a physician in a medical negligence action, which included an appeal dealing the doctrine of fraudulent concealment and the limitation period applicable to claims by estates.

Tom Curry & Matthew Sammon | May 7, 2000

407 ETR Concession Co v Ontario

Counsel to the successful 407 ETR in an arbitration and appeal concerning the entitlement of the 407 ETR to raise tolls without the province's approval.

Tom Curry | April 24, 2000

Prendiville v 407 International Inc

Counsel to the defendant 407 ETR in a class action dealing with the payment of late payment fees alleged to have violated the Criminal Code.

Tom Curry | March 21, 2000

Corsica Developments Inc v Richmond Hill Naturalists

Counsel to community organization on a request for review of an Ontario Municipal Board decision approving an Official Plan Amendment permitting residential development at the David Dunlap Observatory in Richmond Hill.

Tom Curry | February 5, 2000

Select Committee on Financial Transparency

Counsel to corporate witnesses testifying at the Legislative Assembly of Ontario’s Select Committee on Financial Transparency.

Tom Curry, Monique Jilesen, Rebecca Jones, Jessica Roher & Chloe Boubalos

Saleh v Nebel

Counsel to the cross appellant Ludwig Nebel on the successful appeal of the trial judge’s decision to deny costs to the successful defendant. 

Tom Curry & Robert Trenker