Case Law

The reward for approaching every case with an open mind …

Is the chance to see your name in print as counsel.

Lee Akazaki has appeared as counsel in over 79 judicial decisions reported in Quicklaw, as well as 24 decisions in print reports such as the Ontario Reports (O.R.), Dominion Law Reports (D.L.R.), Ontario Appeal Cases (O.A.C.), Canadian Patent Reports (C.P.R.), Canadian Bankruptcy Reports (C.B.R.), Real Property Reports (R.P.R.), Canadian Cases in the Law of Insurance (C.C.L.I.), Canadian Insurance Law Reporter (I.L.R.), Carswell’s Practice Cases (C.P.C.), Ontario Trial Cases (O.T.C.) and All Canada Weekly Summaries (A.C.W.S.)

Belende c. Patel et al. (2008), 89 O.R. (3d) 502 (Ont. C.A. – absolute right to French language court hearings
Gallant-Clough v. Anderson et al., [2007] I.L.R. G-2054 (Ont. S.C.J.) – medical negligence
Chinook Group Limited et al. v. Foamex International Inc. (2004), 76 O.R. (3d) 239 O.R. (3d) (S.C.J.) – interlocutory decision – effect of subrogation bar on joint and several tortfeasors
Chinook Group Limited et al. v. Foamex International Inc. (2004), 72 O.R. (3d) 381 (S.C.J.) – interlocutory decision – effect of subrogation bar on joint and several tortfeasors
Cranberry Cove Tower Inc. v. Monarch Trust Co. (2003), 11 R.P.R. (4^th) 108 (S.C.J.) – trial of mortgage remedies actio
Lee-Mar Developments Ltd. v. Monto Industries Ltd., [2002] I.L.R. I-4066 (Ont. C.A.) – determination of subrogation rights under commercial lease
Bigio v. Royal Insurance (2001), 7 C.P.C. (5th) 136 (Ont. Sup. Ct.) – appeal re scale and quantum of costs
Lee-Mar Developments Ltd. v. Monto Industries Ltd (2000), 18 C.C.L.I. (3d) 224; 32 R.P.R. (3d) 83 (Ont. Sup. Ct.) – determination of subrogation rights under commercial lease
Romaniuk v. Prudential, [2000] I.L.R. I-3852; 25 C.C.L.I. (3d) 205; 1 C.P.C. (5^th) 318 (Ont. Sup. Ct)appeal from interlocutory order regarding privilege issues
Watt v. Hetherington, Park & Carriere (1997), 50 O.T.C. 207 (Ont. Ct. Gen. Div.) – trial decision in trust action under the Partnerships Ac
P. v. Bent (1996), 6 C.P.C. (4th) 1 (C.A.) – interim damages of $200,000 awarded to plaintiff pending appeal by doctor in medical malpractice action
Starline Entertainment Ltd. v. Cicarelli et al. (1995), 25 O.R. (3d) 765 (Gen. Div.)- summary judgment decision in action re gaming licence
Elliott v. Canadian Broadcasting Corporation (1995), 125 D.L.R. (4th) 534; 62 C.P.R. (3d) 19; 25 O.R. (3d) 302 (C.A.); 82 O.A.C. 115 (C.A.)- class action on behalf of 25,000 Canadian WWII bomber air crew against producers of the Valour and the Horror
Davies (in trust) v. Levy (1994), 27 C.B.R. (3d) 133 (G.D.); and Law Times, Aug. 22, 1994 – trial decision in action for after-acquired rights of undischarged bankrupt
Wong v. Thomson, Rogers (1994), 48 A.C.W.S. (3d) 868 (Ont. C.A.) – appeal from judgment dismissing claim in solicitor‘s negligence – acceptance at appellate level of the threshold test in the Ont. High Court judgment in Demarco v. Ungaro for barristers’ negligence actions
Elliott v. Canadian Broadcasting Corporation (1993), 108 D.L.R. (4th) 385; 52 C.P.R. (3d) 145; 16 O.R. (3d) 677 (Gen. Div.); 24 C.P.C. (3d) 143 – interlocutory decision – see appeal decision above
Symons v. United Church of Canada (1993), 16 O.R. (3d) 379 (Div. Ct.) – interlocutory decision – leave to appeal from refusal of judge to issue publication ban in action brought by United Church ministers
P. v. Bent (1993), 13 O.R. (3d) 429 (Gen. Div.) – interlocutory decision re evidence in motion for summary judgment (included judge’s proposals for reform of rule re exchange of expert reports, proposals now enacted as 90-day rule under Rule 53)
Central Capital Corpn. v. Clausi (1993), 13 O.R. (3d) 335 (Gen. Div.) – summary judgment re tracing action on guarantee as equitable remedy in support of enforcement of mortgage obligations in a series of proceedings
Shimcor Investments Ltd. v. City of Toronto (1993), 12 O.R. (3d) 794 (Div. Ct.) – interlocutory decision re costs of complex Mareva injunction application
Wong v. Thomson, Rogers (1992), 33 A.C.W.S. (3d) 1159 (Gen. Div.) – trial of barrister’s negligence action
Davis v. United Church of Canada (1992), 92 D.L.R. (4th) 678; 8 O.R. (3d) 75 (Div. Ct.) – judicial review application – review of decision of ecclesiastical court (celebrated reinstatement of two United Church Ministers)
Van Schyndel v. Harrell (2) (1991), 6 O.R. (3d) 335 (Div. Ct.) – appeal to Divisional Court of municipal conflict of interest application
Van Schyndel v. Harrell (1991), 4 O.R. (3d) 474 (Gen. Div.) – application re municipal conflict of interest