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Ontario Court of Appeal dismissed an appeal over alleged breach of undertaking, oppression under s. 248 of the OBCA, and refusal to remove a trustee.
The court dismissed a sequencing application and held the respondents’ notice to strike should be heard together with the petition for company dissolution.
The Ontario Court of Appeal denied an extension of time to appeal after finding the proposed appeal lacked merit in a breach of confidence case over a settlement email.
The Tax Court dismissed the Crown’s Rule 58 motion as premature, finding discovery had not occurred and a disputed material fact could affect the trial.
Court addressed privilege over expert-advisor communications, in-contract negotiations, and Task Force materials in a major wastewater project dispute.
Defendants failed to discharge the onus under Rule 13.04/Shannex to show there is no genuine issue of material fact; numerous disputed material facts—including fiduciary status, solicitation, and circumstances of termination—require credibility assessments and factual findings that cannot be made on summary judgment; accordingly the summary judgment motion is dismissed at stage one and defendants may not summarily dismiss other claims without specific notice.
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The court dismissed a civil application seeking a criminal defence file, holding the material was protected by privilege and the implied undertaking, with costs of $600 awarded.
The court stayed the action, finding an arguable case that the sales orders incorporated Quad-Lock’s arbitration clause and rejecting estoppel and limitation arguments.
Where a settling party fails to give immediate notice of a binding settlement that fundamentally alters the litigation landscape, a stay of proceedings as an abuse of process is the mandatory remedy; the motion judge did not err in finding Rosemont's August 17 disclosure was not immediate, and the later unenforceability of the settlement does not excuse the failure to disclose.
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Judicial review of CERB and CRB ineligibility decisions was dismissed. The Court found the Officer’s reasons reasonable and the process procedurally fair.
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