Cynthia B. Kuehl

Penate v. Martoglio, 2024 ONCA 166 – Acted for the respondent on an appeal based on adequacy of reasons and the right to a jury in civil matters

Eynon v. Simplicity Air, 2021 ONCA 409 – Appellate counsel on case confirming that employers can be vicariously liable for punitive damages

County of Wellington v. MPAC, Region 22, 2021 CanLii 26723 (ON ARB) – Acted for the appellant in a lengthy hearing on municipal assessment and classification for taxation purposes

Tahir v. Mitoff, 2019 ONSC 7298 – Trial counsel on medical malpractice trial

Langenfeld v. Toronto Police Services Board, 2019 ONCA 716 –Appellate counsel in case involving whether security measures by the Toronto Police Chief at Police Headquarters violated the applicant’s s. 2b rights

ClubLink v. Town of Oakville, 2018 ONSC 6386; 2018 ONSC 7395; 2019 ONCA 358 –Counsel to the owner of the Glen Abbey Golf Course on applications to interpret provisions of the Ontario Heritage Act and to strike certain municipal by-laws. Successful defence on appeal

Rankin v. JJ, 2018 SCC 19 –Appeal examining the scope of the duty of care, and the defence of illegality.

Richmond Hill v. Elginbay Corp., 2018 ONCA 72 –Appeal arising from judicial review of a decision of the Ontario Municipal Board.

6524443 v. Toronto (City), 2017 ONCA 486 –Successful enforcement of an arbitration clause limiting appeal rights. Cynthia also acted as counsel on the underlying lengthy arbitration

Douez v. Facebook, Inc., 2017 SCC 33 –Intervention by the Canadian Civil Liberties Association in a case which considered the enforceability of forum selection clauses in online contracts of adhesion.

Hercules Moulded Products v. Foster, 2017 ONCA 445 –Interpretation of title insurance contract provisions

Moore v. Getahun et al, 2014 ONSC 237 – Trial counsel in this leading case which caused appellate review of expert evidence.

Land Lease Arbitration (2014-2015) – Arbitration counsel on a complex land lease arbitration which involved the legal interpretation of a lease and the highest and best use to which a property could be made.

Goodwin v. Olupona, 2013 ONCA 259 – Acted on the successful response to an appeal of a medical malpractice jury decision.

Canada Trust Company v. Browne, 2012 ONCA 862 – Acted with senior counsel as counsel to the Children’s Lawyer on this appeal involving a variation of a trust affecting minors.

Inquiry into Justice Paul Cosgrove - Assisted Earl A. Cherniak, Q.C., appointed as Independent Counsel by the Canadian Judicial Council ("CJC"), in the response to a constitutional challenge to the Judges Act arising in the inquiry into the conduct of Justice Cosgrove. Following the constitutional challenge, was involved in the presentation of the case to the Inquiry Committee appointed by the CJC to review the conduct of Justice Cosgrove in hearings held in September, 2008. Also appeared with Earl before the full CJC in a hearing in March 2009.

Randall et al. v. Koziar, 2009 CanLii 6480; 2010 ONCA 537 - Lengthy trial arising from the birth of an injured infant.

K. v. K.W.G., 2008 ONCA 489 – Appeal of a trial decision which had awarded damages against a non-offending parent arising from historic sexual abuse. The Court of Appeal upheld the finding of liability.

Mallais v. Campbell Amusements Inc, 2007 ONCA 82: Appellate counsel for a plaintiff who had unsuccessfully sued an amusement park operator for injuries she alleged had been sustained during a ride. This was the first case in Ontario to have considered whether an amusement ride was a common carrier

Land Lease Arbitration (2007-2008) – Acted on a complex land lease arbitration which examined the development potential of a piece of property within the context of determining rents to be paid under the contractual terms of a lease renewal.

SOS - Save Our St. Clair Inc. v. City of Toronto and TTC, 2005 CanLii 40559 (Div. Ct.)- Counsel with Earl Cherniak to the City of Toronto on this motion for a recusal of a judge who heard an application for judicial review.

Stoody v. Kennedy et al., 2005 CanLii 7647 (ONCA) - Acted for a director and the officers of a corporation at trial and on appeal, arising from a claim of a dismissed employee for oppression.