Alex Morrison

DGAP Investments Ltd. sought a stay pending leave to appeal an order from the supervising judge in a CCAA proceeding.

The order authorized Stelco Inc. to acquire partnership units in a Land Vehicle, which DGAP argued would obstruct its prior agreement to purchase land from the Land Vehicle.

The Court of Appeal applied the RJR-MacDonald test for a stay, finding that DGAP's case for leave to appeal was weak on the merits, there was no irreparable harm given the supervising judge's measures to protect DGAP's interests, and the balance of convenience favoured dismissing the stay to allow the CCAA proceeding to conclude and benefit aging stakeholders.

The motion for a stay was dismissed, and the leave to appeal motion was expedited.

The defendant brought a motion to compel the plaintiff to answer questions refused on cross-examination.

The plaintiff had sworn an affidavit in support of a pending motion to remove the defendant's counsel for a conflict of interest, alleging he previously shared confidential information with lawyers at that firm.

The plaintiff refused to disclose the contents of those conversations, claiming solicitor-client privilege.

The court granted the motion to compel, finding that the defendant needed the details of the communications to test whether a solicitor-client relationship existed, whether the information was confidential, and whether there was a risk of prejudice.