Amanda McInnis

Her Majesty the Queen in right of Ontario sought to lift a stay on its $330 billion health care cost recovery action against three tobacco companies (JTI-Macdonald Corp., Imperial Tobacco, Rothmans, Benson & Hedges Inc.) and eleven co-defendants, which was imposed under CCAA proceedings.

Ontario proposed to temporarily stay the effects of any judgment.

The court dismissed the motion, emphasizing the need to preserve the status quo in CCAA proceedings to facilitate a global resolution of significant claims.

Allowing Ontario's action to proceed would alter the level playing field, distract from restructuring efforts, and impose significant costs, prejudicing other stakeholders.

The appellants appealed the motion judge's decision refusing to dismiss a defamation action under the Anti-SLAPP provisions of the Courts of Justice Act.

The respondents, a cigarette manufacturer and its CEO, sued over a magazine article published by the appellants that connected them to organized crime, terrorism, and tobacco smuggling.

The motion judge found the action had substantial merit, that no valid defences existed, and that the harm to the respondents outweighed the public interest in protecting the appellants' expression.

The appellants argued the motion judge erred in balancing public interests, in assessing harm without evidence of financial loss, and in rejecting the justification defence.

The Court of Appeal dismissed the appeal, upholding the motion judge's decision.

The plaintiff, Sky High Roofing & Sheet Metal Inc., brought a motion for an interim order under Rule 44 for the return of three pieces of equipment from the defendant, Scott Bennett.

The equipment was initially delivered to the defendant for storage, and while discussions about a potential purchase occurred, no written agreement was finalized.

The court found a triable issue regarding whether a purchase agreement was ever reached and that the plaintiff failed to establish unlawful detention by the defendant, a prerequisite for relief under Rule 44.01.

The motion was dismissed, and the plaintiff was ordered to pay costs to the defendant.

The defendant Debra Penman moved to strike the plaintiff's statement of claim for failing to disclose a reasonable cause of action.

The plaintiff Mary Lou McGillvray brought a cross-motion for leave to amend.

The court granted the plaintiff leave to further amend her claim to sue in her capacity as trustee for unjust enrichment.

This endorsement addresses the costs of these motions.

The court found that the motions were necessary due to the plaintiff's failure to adequately respond to the defendant's warnings about the deficient claim.

Despite the plaintiff obtaining leave to amend, the defendant's motion was necessary to clarify the cause of action.

The defendant Debra Penman was awarded costs on a partial indemnity basis, fixed at $5,000.00, payable in any event of the cause at the conclusion of the trial.