Alysha Li

The applicant tenant applied for an order referring disputes over operating costs under three commercial leases to an independent professional consultant for expert determination, as provided in the leases.

The respondent landlord argued the disputes involved legal interpretation and should be resolved by the court.

The court granted the application, finding that the expert determination clause was broad enough to encompass the disputes, which involved practical questions of lease interpretation and allocation of expenses.

The defendants brought a motion on consent to dismiss the putative class action for delay under s. 29.1 of the Class Proceedings Act, 1992.

The action was commenced in 2011 and had been dormant since 2012, with no certification motion record filed or timetable established.

The court found that the mandatory requirements for dismissal under s. 29.1 were met, as the statutory deadline of October 1, 2021, had passed without any required steps being taken.

The action was dismissed, and plaintiffs' counsel was ordered to bear the costs of providing notice of the dismissal.

The defendants brought a motion for summary judgment to dismiss the plaintiff's action for breach of confidentiality and fiduciary duty.

The individual defendant, a former president of the plaintiff, was terminated without cause and signed a severance agreement with a one-year confidentiality clause.

During that year, he interviewed with and accepted a job from the corporate defendant, a competitor.

The plaintiff alleged he shared confidential information, including his resume and advice to another terminated employee.

The court found no actionable breach of confidentiality or fiduciary duty, concluding there was no genuine issue for trial.

The motion for summary judgment was granted and the action dismissed.