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The Court of Appeal upheld an interlocutory injunction enforcing a non-competition clause, but varied the order so it matched the clause’s narrower scope.
The motion for a stay of the entire underlying proceedings pending appeal was dismissed because, applying the RJR‑MacDonald factors, the appellants did not demonstrate the strength of grounds, irreparable harm, or balance of convenience required to stay the whole action; a partial stay was granted as to Bellatrix Ltd. and Orion Mine Finance (Master) Fund I LP preventing enforcement steps against them without leave given the realistic chance of success on appeal concerning corporate separateness; the Court stayed the appeal COA‑23‑CV‑1029 pending final determination of the underlying trial and…
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Although a serious issue to be tried existed, ICAN failed to prove irreparable harm to itself or adduce corroborating evidence from its member agencies; the balance of convenience favoured the Crown because postponement would impede CRA's statutory ability to ensure compliance and protect the public interest; accordingly the postponement application was dismissed.
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The motion judge had jurisdiction to vary the prior case‑management orders; hearing and deciding the motion while the related appeal was pending did not constitute an improper exercise of discretion in the case‑management context; however, on the merits the respondent failed to discharge the onus of proving on the evidence that he had no other assets apart from the frozen funds, and therefore the motion judge erred in ordering access to an additional $370,000 — appeal allowed, motion judge's order set aside, underlying motion dismissed.
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The court held that a lease redevelopment clause was void for uncertainty because its terms were internally inconsistent, so the landlord could not terminate the leases or obtain an injunction.
The court extended an administrator’s appointment for Strata Plan LMS-1863 after finding continuing significant unfairness in the strata’s management and budgeting.
The court clarified an earlier damages judgment, held that Rule 37 settlement rules still applied after default judgment, and ordered release of trust funds.
Federal Court granted summary judgment for Rolls-Royce and Bentley owners, declared several Canadian trade-mark registrations valid, and enjoined infringement and confusing use.
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