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The court struck claims against the Police Complaint Commissioner under the Police Act immunity provision, finding no pleaded material facts of bad faith, but granted leave to amend.
The Federal Court dismissed a motion to remove plaintiffs’ counsel in a proposed competition class action, finding no proven conflict or misuse risk.
The Court of Appeal upheld the motion judge’s dismissal of personal claims against Rathore and Petrozza because the pleadings failed to allege tortious conduct or a separate identity justificatory of personal liability; however the court set aside the orders dismissing claims against Empire Pace and Adi because the application of the sealed contract rule and the effect and disclosure of standstill provisions raise mixed fact-law issues requiring evidence and cannot be resolved as plainly hopeless on a r.21 motion.
Source excerpt
Le tribunal a rejeté la demande d’approbation préalable d’un accord de financement de litige privé, concluant qu’il n’avait pas compétence pour le faire hors contexte de recours collectifs.
The Federal Court dismissed Canada’s motion to stay a class action, holding it had jurisdiction over proposed third-party contribution and indemnity claims against religious orders.
Because the appellants achieved substantial but not total success and did not seek costs, and given the circumstances of the appeal, the Court exercised its discretion not to award costs to either party and ordered no costs.
Source excerpt
The court dismissed most claims over newborn blood spot retention, holding consent to testing was not vitiated by nondisclosure of storage. A narrow research-use issue remained.
The Supreme Court of Canada held that VAC was not liable for nondisclosure of hotel compensation differences, negligent misrepresentation, or breach of fiduciary duty.
The court dismissed an application to vary a chambers order refusing intervenor status in a Canada Line nuisance appeal, finding no direct interest or distinct perspective.
La Cour suprême a rejeté l’appel dans une affaire de prospectus et de divulgation continue, concluant qu’aucun « material change » n’obligeait une mise à jour avant la clôture.
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