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silvercat

Where can I find the trial judgment for a case?

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Hi,

I'm preparing a case brief to discuss with my boss for the case: Clearway Construction Inc. v The City of Toronto (https://www.canlii.org/en/on/onsc/doc/2018/2018onsc1736/2018onsc1736.pdf). The contractor is the appellant and made a claim for additional compensation for over $1 million for extra work done for The City of Toronto. The City brought forward a motion for summary judgment. The findings of the judge was that there WAS a genuine issue for trial, so it would go to trial.

The parties reached an agreement on costs, whereby the City would receive the sum of $20,000 in costs of the motion and the action in the event that summary judgment motion was granted, and that Clearway would receive the sum of $10,000 in costs in the event that the summary judgment motion were dismissed. 

Now that the costs for the motion have been sorted, there is still the $1mill claim! I cannot, for the life of me, on CanLii or elsewhere find the trial judgment. Could anyone please tell me how I can find it? I know judgments are supposed to be public record so I'm not sure why my searches are proving futile :(

 

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4 minutes ago, easttowest said:

How do you know it went to trial?

Because that's the disposition of the case. Though I asked someone else and the reason it may not be public is because this motion was determined in 2018 so maybe it hasn't gone to trial or, alternatively it's been settled.

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Call the Registry. They will be able to answer your questions. 

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1 minute ago, silvercat said:

Because that's the disposition of the case. Though I asked someone else and the reason it may not be public is because this motion was determined in 2018 so maybe it hasn't gone to trial or, alternatively it's been settled.

What do you mean disposition? This is a motion from two years ago. The other person you asked is saying exactly what I’m saying. Things other than a trial could have happened in the last two years. 

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2 minutes ago, easttowest said:

What do you mean disposition? This is a motion from two years ago. The other person you asked is saying exactly what I’m saying. Things other than a trial could have happened in the last two years. 

Ah, my apologies, I didn't understand your initial question. Yes, it is possible something else could have happened, my fault. I will contact the registry and see they can point in that direction anyway.

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1 minute ago, silvercat said:

Ah, my apologies, I didn't understand your initial question. Yes, it is possible something else could have happened, my fault. I will contact the registry and see they can point in that direction anyway.

If your employer has westlaw it’s usually much better than canlii for seeing case history. But if you can’t find anything at all on CanLii I’d guess it either hasn’t gone to trial or has been settled.

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58 minutes ago, silvercat said:

Ah, my apologies, I didn't understand your initial question. Yes, it is possible something else could have happened, my fault. I will contact the registry and see they can point in that direction anyway.

Two years is not a long time.  It's possible the case has since settled, or is still waiting to go to trial. 

Also, your original post oddly used the term "appellant".  "Appellant" implies appeal.  There is no appellant here.  There is a plaintiff and defendant. 

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12 hours ago, utmguy said:

Two years is not a long time.  It's possible the case has since settled, or is still waiting to go to trial. 

Also, your original post oddly used the term "appellant".  "Appellant" implies appeal.  There is no appellant here.  There is a plaintiff and defendant. 

OP probably means the moving party and responding party.

But yes, if you can't find a trial decision it probably just hasn't gone to trial. Or it settled. Who knows.

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Sounds like you should ask your employer whether they want a brief of the trial decision or the summary judgement motion. Maybe they're working on their own summary judgement motion!

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Posted (edited)
1 hour ago, easttowest said:

Sounds like you should ask your employer whether they want a brief of the trial decision or the summary judgement motion. Maybe they're working on their own summary judgement motion!

He definitely wants the trial decision brief because he wants me to analyze the evidence both parties had, most of which was left out in the motion for SJ. And update, I called the registry and they informed that they can't give me that info, but I can come to the building on the 8th floor (Civil Practice Court I believe I called) and search it up with the court file no. However, that's not happening realistically speaking, so I will go ahead with informing my boss that I don't know if it's settled or gone to trial yet. Thanks again, everyone!

Edited by silvercat

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Posted (edited)

Just for future reference or for students who may be reading this, I think most principals or senior lawyers would be upset to find that you posted publicly about a file and your assignment on said file. Obviously OP has more knowledge of the situation here than I do, but I know that lawyers I’ve worked for would be upset if I were to post this kind of thing. 

My general advice to others in a situation like this would be to go to the assigning lawyer and say “I can’t seem to find the trial decision for this case, and it’s not linked in the history tab of CanLII, Westlaw or Quicklaw. Is it possible that it settled or hasn’t gone to trial?”

There’s obviously no serious confidentiality issues here or anything, but I think a lot of lawyers would be upset anyways. 

Edited by BlockedQuebecois
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I reiterate that calling the Registry is the simplest and most reliable way to determine what stage the case is at, including if there is a trial date or if it has been settled.

The internet is amazing but it has its limits, believe it or not!

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1 minute ago, Hegdis said:

I reiterate that calling the Registry is the simplest and most reliable way to determine what stage the case is at, including if there is a trial date or if it has been settled.

The internet is amazing but it has its limits, believe it or not!

Some of us hate using phones though.

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On 6/24/2020 at 7:50 PM, silvercat said:

Hi,

I'm preparing a case brief to discuss with my boss for the case: Clearway Construction Inc. v The City of Toronto (https://www.canlii.org/en/on/onsc/doc/2018/2018onsc1736/2018onsc1736.pdf). The contractor is the appellant and made a claim for additional compensation for over $1 million for extra work done for The City of Toronto. The City brought forward a motion for summary judgment. The findings of the judge was that there WAS a genuine issue for trial, so it would go to trial.

The parties reached an agreement on costs, whereby the City would receive the sum of $20,000 in costs of the motion and the action in the event that summary judgment motion was granted, and that Clearway would receive the sum of $10,000 in costs in the event that the summary judgment motion were dismissed. 

Now that the costs for the motion have been sorted, there is still the $1mill claim! I cannot, for the life of me, on CanLii or elsewhere find the trial judgment. Could anyone please tell me how I can find it? I know judgments are supposed to be public record so I'm not sure why my searches are proving futile :(

 

I would reach out to your boss, let them know the trial decision doesn't seem to have been released. Let the know the steps you took and see if they have any other suggestions. If not and you've done everything you can then is what it is, nothing you can do. Separately, unless you work at an overtly formal firm, if I had to guess really all you boss wants is a quick e-mail with a 1-2 sentence discussion as to what happened in the trial and anything particularly interesting in the ruling. 

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On 6/25/2020 at 12:29 PM, BlockedQuebecois said:

Just for future reference or for students who may be reading this, I think most principals or senior lawyers would be upset to find that you posted publicly about a file and your assignment on said file. Obviously OP has more knowledge of the situation here than I do, but I know that lawyers I’ve worked for would be upset if I were to post this kind of thing. 

My general advice to others in a situation like this would be to go to the assigning lawyer and say “I can’t seem to find the trial decision for this case, and it’s not linked in the history tab of CanLII, Westlaw or Quicklaw. Is it possible that it settled or hasn’t gone to trial?”

There’s obviously no serious confidentiality issues here or anything, but I think a lot of lawyers would be upset anyways. 

Why would that be upsetting to the lawyer? What an odd thing to be upset about. 

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1 hour ago, Legoego said:

Why would that be upsetting to the lawyer? What an odd thing to be upset about. 

... Are you serious? Aren’t you a practicing lawyer?

I think it should be fairly obvious why disclosing, publicly, that you’re researching a specific issue and reviewing a specific, not well known case could be problematic.  It’s not a serious confidentiality issue, but it certainly could develop into one. 

People really underestimate how much information can be gleaned from tangential stuff. Hedge funds buy private plane flight data so that they can track when planes take unusual flight paths – you may not think anything of the fact that a jet owned by Occidental Petroleum landed at Epply Airfield, but investors saw it and jumped on it, two days before Occidental announced a $10 billion investment by Berkshire Hathaway to aid in an acquisition.

And though it’s unlikely to matter here, as a supervisor I would wonder what my employee was disclosing to people in person if they’re comfortable posting on a public forum about the specific task they’re assigned 

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36 minutes ago, BlockedQuebecois said:

... Are you serious? Aren’t you a practicing lawyer?

I think it should be fairly obvious why disclosing, publicly, that you’re researching a specific issue and reviewing a specific, not well known case could be problematic.  It’s not a serious confidentiality issue, but it certainly could develop into one. 

People really underestimate how much information can be gleaned from tangential stuff. Hedge funds buy private plane flight data so that they can track when planes take unusual flight paths – you may not think anything of the fact that a jet owned by Occidental Petroleum landed at Epply Airfield, but investors saw it and jumped on it, two days before Occidental announced a $10 billion investment by Berkshire Hathaway to aid in an acquisition.

And though it’s unlikely to matter here, as a supervisor I would wonder what my employee was disclosing to people in person if they’re comfortable posting on a public forum about the specific task they’re assigned 

I'm curious what your sleuthing mind has gleaned from this post about the OP, other than the obvious of course? 

 

 

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10 minutes ago, Legoego said:

I'm curious what your sleuthing mind has gleaned from this post about the OP, other than the obvious of course? 

 

 

I’ll pass. I have better things to do than explain to someone who should know better why publicly posting about your work is not advisable as a lawyer. If you want to encourage the opposite, you’re free to :) 

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