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Recent Court Successes

At Vice and Hunter, we are not just representing you and your rights, but the broader legal implications on your community and the judicial system.

Here are some of our most recent success stories:

1. Thorman v. McGraw, 2022 at the Court of Appeal.  A successful YouTube creator, brought a defamation claim to Vice & Hunter.  We overturned a successful Anti-SLAPP motion brought by the defendant by convincing a three-judge panel that the motion judge had made errors in judgement in accepting the Anti-SLAPP motion, resulting in overturning the motion judge’ decision.
2. Baumann v. Capello, 2024 at the Superior Court of Justice.  A property owner brought a real estate (property) litigation suit against another property owner for nuisance and damage to their property.  We successfully obtained orders for damages and injunctive relief, which required the defendant to reconfigure major portions of his drainage systems to prevent further water migration and infiltration on our client’s property.
3. Ontario Inc. v. Brey, 2022 at the Court of Appeal. Through the court of appeal, we reversed a motion judge’s interpretation of an OREA standard form Agreement of Purchase and Sale.  The motion judge had given an erroneous interpretation of the contract form (which is widely in use in the Province of Ontario) for residential real estate transactions. In doing so, we prevented a potential catastrophe that could have negatively affected real estate transactions in Ontario.
4. Yanic Dufresne Excavation Inc. v. Saint Joseph Developments Ltd., 2022 at the Court of Appeal.  We first secured Judgment against the defendant developers – including their directors – for misappropriation of construction financing funds.  One of the directors then made an assignment into bankruptcy to avoid payment, but we countered by obtaining an Order to ensure the debt survived bankruptcy. The director then appealed to the Ontario Court of Appeal, but we were successful a third time in ensuring the order was upheld in full.
5. Lamontagne v. J.L. Richards & Associates Limited, 2021 at Superior, Divisional and Appeal Courts of Ontario.  After securing judgments in our favour at the Superior, Divisional and Appellate courts, our client was successfully compensated after the well-known firm J.L. Richards & Associates fired our client. We obtained a successful application for damages for wrongful dismissal of the applicant to the Superior Court of Justice. Then the employer appealed to the Divisional Court, which went on to rule in our favour. In a third round, the employer sought leave to appeal the Appellant Court’s decision to the Ontario Court of Appeal but we were successful in staving this off as well.
6. Power et al. ats Lagana, 2024 at Divisional Court. We convinced the Divisional Court to overturn the decision of the Superior Court of Justice in a corporate matter.  The applicant had sought an order forcing the corporation and its director to produce thirteen years’ worth of audited financial statements, which the Superior Court judge ordered.  But we made sure the decision was overturned on appeal in acting for the appellant.