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The court found a triable issue about the validity of a strata AGM/SGM vote and ordered production of Wynford Group emails, with privilege review and cross-examination adjourned.
The court struck MCL’s amended notice of civil claim as an abuse of process, finding cause of action estoppel barred relitigation of the CRT dispute.
The petition was dismissed after the court found Mr. Tao had not shown a valid excuse for missing the Provincial Court hearing on his ticket.
The appeal is dismissed because the Institute failed to establish a lawful excuse for failing to comply with the PSLRB reinstatement order from the date it was made (August 26, 2009); Warman establishes that tribunal orders enforceable in Federal Court may be the subject of contempt for breaches occurring from the date of the tribunal order, and neither the Oct 20, 2009 membership suspension nor pending stay proceedings excused non-compliance.
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The motions judge lacked jurisdiction under s.35(3) to make a refraining order outside the 30‑day First Notice period; however because the Director failed to file evidence proving service of the First Notice when service was disputed, the suspension of Mr. McLarty's driver's licence could not stand and the Director was ordered to direct reinstatement; the motions judge erred in ordering withdrawal of any federal licence denial application because the federal notice under s.67 was properly served.
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