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The Court of Appeal dismissed PSP’s appeal from contempt sanctions, but allowed PTC’s cross-appeal and sent the officer-liability issue back for rehearing.
The court granted derivative leave because the applicant proved it acted in good faith and the claim was in CF Energy's best interests: the underlying contractual claim was viable and substantial; the respondent's evidence of a board decision to litigate in China was too vague to attract full business-judgment deference, and there is a reasonable prospect an Ontario court would extend time to permit service of the 2022 Statement of Claim; accordingly leave under s.232(2) BCA was appropriate while security for costs was deferred and left open for later application.
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The court granted leave to amend a civil claim in a family business dispute, allowing particulars and new claims for contract, trust, fiduciary duty, and oppression.
The court granted substitution of MNP Ltd. as liquidator in a B.C. liquidation, but refused to add terms barring future claims or preserving broad without-prejudice rights.
The court relaxed the implied undertaking and allowed discovery evidence from the Norseyl action to be used in a related oppression proceeding.
The Court of Appeal ordered Edward Callahan to post $15,000 security for costs in his appeal, finding he had means but also a problematic costs history.
Leave to permit a non-lawyer to represent the corporation under r.15.01(2) was refused because the applicant failed to discharge the burden to justify the exceptional relief; concerns about unauthorized practice, prior abusive conduct, unpaid costs, and procedural failures outweighed access to justice considerations.
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The court dismissed an application to compel the Ghahramani parties to serve an affidavit of documents, finding no evidence of omitted relevant documents.
The court ordered Max Power Security Services Ltd. to post $20,000 security for costs, stayed the claim against the applicants pending security, and awarded the application costs to them.
Appeal dismissed in a foreclosure and fraud dispute involving alleged improper corporate registry changes and mortgages granted under the Business Corporations Act.
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