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The Court of Appeal dismissed appeals challenging a costs stay and a strike order, holding the new action was an abuse of process and not a fraud attack on the earlier judgment.
The Court of Appeal dismissed Mr. Cole’s appeal, holding the Law Society review board did not fetter its discretion or misapply the sanctioning principles.
The Ontario Court of Appeal held that the Binance summons was overbroad and an unreasonable seizure, and set it aside, while rejecting s. 144(1) jurisdiction arguments.
The Court of Appeal stayed constitutional and Privacy Act claims arising from a Securities Commission investigation, but set aside the strike of the Privacy Act claim.
The court denied CPPIB’s request to adjourn a fairness hearing for a proposed arrangement involving Lionsgate, finding delay would prejudice the company and that counsel availability alone was insufficient.
The court refused to dismiss the action for alleged spoliation of emails and G Suite data, finding the evidence insufficient and reserving the issue for trial.
The Supreme Court held that the trustee’s recovery actions were not time-barred, rejected equitable set-off, and upheld illegality and preference findings.
The Court held the Suspension Clause only suspended notice while legal prohibition remained; once the statutory prohibition permitted disclosure the insured had to give notice of the circumstance during the policy period (as extended by the Suspension Clause) and failure to do so amounted to non-compliance with a condition precedent to coverage, so relief from forfeiture was not available and the Claims were not covered.
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Court adjourned a proposed class action certification hearing, finding most pleading and common-issue allegations too vague, but allowing time to amend focused claims.
The court allowed the appeal: the pleading, read as a whole and assuming its facts, discloses a cause of action for breach of a class‑wide fiduciary duty because professional rules are one factor among pleaded facts (vulnerability, trust, reliance, advisor discretion, control of information, undisclosed conflicts and profit, and MFDA admissions); it is not plain and obvious the claim has no reasonable prospect of success; matter remitted to Superior Court for fresh determination of common issues and preferable procedure and certifiability of knowing assistance/receipt; costs awarded to appell…
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