3 total
Interlocutory injunction granted to restrain ongoing internet defamation and harassment of securities exchange employees.
The applicant securities exchange sought an interlocutory injunction to restrain the respondent from publishing defamatory statements on social media and harassing its employees.
The respondent, a shareholder and publisher, had engaged in a campaign accusing the applicant and its personnel of fraud, corruption, and other criminal conduct.
The court found the statements clearly defamatory and concluded that defences of justification or fair comment would inevitably fail.
The court granted the injunction, prohibiting the respondent from contacting the applicant's employees and from making further defamatory statements pending the hearing of the application.
Costs of pleadings motion awarded to defendants in the cause, fixed at $20,000.
The defendants sought costs after successfully moving to strike portions of the plaintiffs' statement of claim.
The court noted that the motion was essentially a demand for particulars and that the plaintiffs' pleadings were defective.
However, the court criticized the high costs incurred by both sides for a motion that could have been resolved through cooperation.
The court ordered the plaintiffs to pay the defendants' costs in the cause on a partial indemnity basis, fixed at $20,000.
The court dismissed a Canadian Tire dealer's appeal of an arbitration award upholding the termination of his contract for unethical bulk sales.
The applicants appealed an arbitration award that upheld the termination of their Canadian Tire dealer contract and applied to set aside the award on procedural fairness grounds.
The termination arose after the dealer processed a bulk sale of nearly $1 million in air fryers to a reseller and subsequently failed to reverse the transaction as requested, instead substituting other products.
The Ontario Superior Court of Justice found that the arbitrator applied the correct legal test for wilful blindness and did not breach procedural fairness.
Consequently, the court dismissed the appeal and upheld the arbitrator's decision.
