Jeramie Gallichan

Representative Work

• Successfully acted for client on a motion for further evidence and on appeal at Divisional Court and on a motion for leave to appeal at the Court of Appeal. The Divisional Court decisions were selected to be included in Thomson Reuters' Carswell's Practice Cases as well as its Litigator service because "the editors consider it an important case in Practice and Procedure." APA Holdings Inc. v Duscio et al., 2017 ONSC 957 (CanLII), & 2017 ONSC 968 (CanLII)
• Represented employer in a successful cross-appeal where the Court of Appeal unanimously decided that the trial judge had erred in awarding the employee damages related to the shareholders' bonus, even though the employee's equity interest in the company had been redeemed in accordance with the shareholders agreement following her dismissal. Evans v. Paradigm Capital Inc., 2018 ONCA 952 (CanLII),
• Acted for corporate executor and trustee in successfully opposing a motion brought by a beneficiary to re-open a Passing of Accounts Application to assert an alleged improper allocation of monies. Jeramie was successful in showing that the claim was statute barred by operation of the Limitations Act and the decision reflects a clarification by the Court in the way limitations periods are dealt with within Passing of Accounts Applications. Jeramie was also successful in obtaining substantial indemnity costs on behalf of the corporate executor and trustee. Canada Trust v. Ross, 2019 ONSC 1165 (CanLII) & 2019 ONSC 1916 (CanLII)
• Successfully acted for an individual in reducing the amount of proceeds from a personal injury settlement that could be attached and garnished by a judgment creditor.  House v. Baird, 2019 ONSC 1712 (CanLII)
• Drafted materials on a successful motion for leave to appeal, motion for fresh evidence, and on an appeal more than 10 years after the original family law trial decision. The Court of Appeal found that the Appellant lacked the capacity to prepare for and attend at the trial and, accordingly, that "justice requires that the final trial order and order of the motion judge be set aside" and that "[t]he garnishment order, which flows from these, must also therefore be set aside." Kowalsky v. Asselin-Kowalsky, 2018 ONCA 539 (CanLII)