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The court consolidated two related actions, declined to dismiss them on an incomplete record, ordered a seized truck returned, and set a one-day hearing.
Registrar Outerbridge dismissed an urgent application to shorten time for a stay of proceedings in a shareholder dispute, finding the appellants had not shown specific urgency outweighing prejudice to the respondent.
Application to stay enforcement of a Court of Appeal order pending a separate appeal was dismissed. The justice found no stay was warranted in the interests of justice.
The Court set an early hearing date for the appeals and refused to permit Rogers to intervene because the priorities dispute among claimants to the sale proceeds is properly determined in the Superior Court of Justice; consequently the Purchasers' request to expedite was granted, their other requests were withdrawn, and Rogers' motion to intervene and to delay was dismissed.
Source excerpt
The Federal Court found Craig Theriault in contempt for failing to comply with a production order requiring document disclosure at an examination in aid of execution.
A conditional stay was granted of a writ of seizure and sale pending Labour Relations Board resolution of a dispute about a consent order and alleged double recovery.
The court dismissed a petition seeking a forced share purchase or winding up of Larpa Construction Ltd., holding the evidence did not justify either remedy.
The appeals were consolidated because they were duplicative and there was no reason for twin proceedings; security for costs in the amount of $4,000 was ordered because the appellants demonstrated special circumstances — repeated non‑compliance with discovery and disclosure orders, failure to pay multiple costs awards, avoidance of execution — creating an objective risk they would not satisfy an adverse costs award, and the court balanced that risk against access to justice and found security appropriate and not amounting to stifling an arguable appeal.
Source excerpt
Application to disqualify BDC’s counsel for conflict of interest was dismissed. The court found the prior BMO retainer was unrelated and no real risk of misuse was shown.
The court dismissed an application to set aside a default judgment, finding the defendants deliberately chose not to defend and delayed too long, despite a potentially arguable virus-related defence.
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