Albert S. Frank

Rosemont brought an application against Cityzien and Mr. Faraci regarding an abortive real estate transaction and property management dispute.

Rosemont and Cityzien reached a partial settlement, which was negotiated by a Cityzien director without the required unanimous shareholder approval.

Rosemont moved to enforce the settlement, while Mr. Faraci moved to permanently stay the application against him, arguing that the failure to promptly disclose the settlement—which changed the litigation landscape by aligning Rosemont and Cityzien against him—constituted an abuse of process.

The court refused to enforce the settlement, finding it unauthorized and improvident, and granted the stay against Mr. Faraci, holding that the delayed disclosure of the settlement was an abuse of process.

The proposed intervenors, who are 40% shareholders of the respondent corporation, brought a motion for leave to intervene in applications concerning the management and interests of a residential property.

They alleged that a settlement reached by the respondent's representative was done without their required consent under a unanimous shareholders agreement.

The applicants objected based on the indoor management rule.

The court granted the motion to intervene, finding that the proposed intervenors had an interest in the proceeding and could be prejudiced by the outcome.

The plaintiffs and defendants, former business partners in the security surveillance equipment industry, brought competing motions for interlocutory injunctive relief following a bitter separation.

The plaintiffs sought to enjoin the defendants from using a disputed trademark, accessing the plaintiffs' computer systems, and making defamatory statements.

The defendants cross-moved to enjoin the plaintiffs from competing and soliciting customers.

The court dismissed the trademark injunction, finding damages were an adequate remedy, but granted the injunctions regarding computer access, website redirection, and defamation.

The defendants' cross-motion was dismissed as premature and lacking evidence of irreparable harm.

In complex estate and commercial litigation arising from estate planning transactions and a will that effectively disinherited family members, the plaintiffs sought leave to further amend their statement of claim to add allegations of knowing assistance in breach of trust and fiduciary duty against an accountant and additional particulars against other defendants.

Several defendants opposed the amendment on the basis of prejudice and limitation periods under the Limitations Act, 2002.

The court held that under Rule 26.01 of the Rules of Civil Procedure leave to amend should be granted unless non-compensable prejudice would result, and that disputes about discoverability and limitation periods should be determined by the trial judge on a full evidentiary record.

As discoveries were ongoing and trial remained more than a year away, any prejudice could be addressed through costs.

Leave to amend was granted with costs awarded to certain defendants for prejudice arising from the amendments.

The plaintiff, an Ontario resident who was transferred to work in New York for a subsidiary of an Ontario corporation, brought an action in Ontario for wrongful dismissal and human rights violations after her employment was terminated.

The defendants moved to dismiss or stay the action for lack of jurisdiction or on the basis of forum non conveniens.

The court found that it had jurisdiction simpliciter because the Ontario parent corporation exercised effective control over the plaintiff's employment and the employment contract was connected to Ontario.

However, the court declined to exercise its jurisdiction, finding that New York was the clearly more appropriate forum because the key witnesses, evidence, and factual matters at the core of the dispute were located there.

The action was permanently stayed.