Adam Iggers

The plaintiffs requested a case conference to address typographical errors in the court's original order granting a stay of proceedings.

The original order mistakenly stayed a discontinued action instead of the 2024 action and omitted the relief allowing the plaintiffs' counterclaim to proceed as undefended.

As the defendants did not object, the court issued a corrected order to accurately reflect its original reasons for decision.

The plaintiffs brought a motion for a stay of proceedings and related relief after discovering that the defendant, a former business partner, had been secretly accessing the plaintiff's personal email account for years.

The account contained privileged communications between the plaintiff and his lawyers regarding their ongoing litigation.

The court applied the three-stage test for unauthorized access to privileged materials.

Finding that the defendant failed to rebut the presumption of prejudice and that actual, profound prejudice had occurred, the court concluded the breach was egregious and irremediable.

The court stayed the defendant's actions and ordered the plaintiff's action to proceed undefended.

The Court of Appeal for Ontario dismissed Mario Oliveira Jr.'s application to review a motion judge's order refusing to extend the time to perfect his appeal.

The court found that while Mr. Oliveira had a genuine intention to perfect his appeal and was delayed by inaccurate information from court staff, the appeal itself was so devoid of merit that it was not in the interests of justice to grant an extension.

The court agreed with the motion judge that the underlying claim was abusive and vexatious, and rejected the argument that the motion judge failed to account for Mr. Oliveira's self-represented status.

Costs of $1,500 were awarded against Mr. Oliveira Jr.

The applicant, Vivian Dubrofsky, sought interim injunctive relief under section 248(3) of the Business Corporations Act (Ontario) to restrain her mother, Maryka Weisz, from withdrawing funds from Art Tile Limited except for ordinary course expenses, pending final disposition.

The court dismissed the motion, finding that while there was a serious issue to be tried and the applicant met the evidentiary threshold, she failed to establish irreparable harm.

The court ordered that the Westmore Property not be encumbered and that certain trust funds remain in trust, but otherwise dismissed the requested relief.