Adam Brunswick

The plaintiffs requested a case conference to fix a trial date despite failing to complete a mandatory mediation by the court-ordered deadline.

One of the plaintiffs booked a vacation that conflicted with the scheduled mediation date, showing disregard for the court's prior order.

The court refused to dispense with the mediation requirement or hold a trial date as a placeholder, and consequently struck the action from the trial list until mediation is completed and the matter is truly ready for trial.

The plaintiffs requested an urgent case conference to schedule a mediation and fix a trial date before the action was administratively dismissed.

One of the plaintiffs objected, citing an upcoming motion regarding the removal of his counsel in a separate action.

The court found it unfair to delay the other plaintiffs and ordered that mediation be held by June 30, 2022, and that the action appear on the trial scheduling court list on April 11, 2022.

The moving parties (defendants) brought a Rule 21 motion to strike the plaintiffs' Amended Statement of Claim against the defendant David Rosenkrantz, arguing it disclosed no reasonable cause of action.

The plaintiffs alleged negligent misrepresentation and breach of contract against Rosenkrantz in his capacity as an officer and director of the Patica Companies, relating to a tax deferral arrangement.

The court found the pleadings lacked the necessary material facts to pierce the corporate veil or establish personal liability, negligent misrepresentation, or an agency relationship.

The court struck the claim and the related crossclaim against Rosenkrantz, but granted leave to amend.

The plaintiff purchaser moved for summary judgment seeking return of $1.2 million in deposits paid under an aborted real estate transaction, while the defendant vendor cross‑moved for summary judgment declaring its entitlement to retain the deposits.

The dispute centred on whether the vendor improperly refused to accept a proposed subordination and standstill agreement relating to secondary financing and thereby prevented closing.

The court held that the agreement of purchase and sale permitted secondary financing only if the secondary lender subordinated its rights to the vendor’s vendor‑take‑back mortgage and related security provisions, including an escrow deed provision and an escalator clause.

The purchaser’s proposed financing arrangements would have impaired those security rights and therefore did not comply with the contract.

The court concluded the purchaser failed to close and the vendor was entitled to retain the deposits.

An applicant sought enforcement of Letters Rogatory issued by a United States district court requesting video testimony from Ontario residents in aid of a Florida civil action concerning alleged unsolicited fax advertisements.

The respondents argued the request amounted to a fishing expedition and noted a partial stay of discovery in the underlying action.

Applying the six‑factor test for enforcement of foreign letters rogatory, the court held that the requested evidence was likely relevant, potentially necessary for trial, and not otherwise obtainable.

The court found the request was not contrary to public policy and was not unduly burdensome.

The application to compel examination under oath was granted.