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Supplementary reasons in a want of prosecution application. The court set aside an earlier unentered adjournment order, dismissed the application, and allowed the action to proceed without prejudice to a renewed application.
The court dismissed an oppression petition over share dilution in SignalChem, holding the directors acted reasonably and that the petitioners had no protected expectation against dilution.
The court adjourned contempt and support-variation applications to trial, finding the income disputes and support issues needed viva voce evidence and could not be resolved on the interim record.
The court held that a notice of discontinuance does not automatically admit that an interlocutory injunction was wrongful or require immediate enforcement of the undertaking.
The Court of Appeal allowed the appeal and dismissed the action against Lakeridge and CMHC for want of prosecution, holding the chambers judge should not have adjourned the Rule 2(7) motion to trial.
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