Antonin I. Pribetic

The court dismissed a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992.

The plaintiff failed to advance the proceeding for over six years after being ordered to deliver amended materials.

The court found that the plaintiff had not taken any steps to advance the case, failed to comply with court-ordered timetables, and did not provide evidence to justify an adjournment.

The dismissal does not prejudice putative class members, as they may commence a new proceeding on the same grounds.

The Crown brought a motion for default judgment seeking a declaration that the Aylmer Church's conveyance of real property to the Lethbridge Church was fraudulent and void.

The Aylmer Church had transferred the property for nominal consideration shortly after being ordered to pay substantial fines and costs for contempt of court related to COVID-19 public health orders.

The court found multiple badges of fraud, including a non-arm's length transfer, suspicious timing, grossly inadequate consideration, and retained beneficial use.

The motion was granted, the conveyance was declared void, and the lands were made subject to execution by the Crown.

This appeal concerned the interpretation of section 18.1 of the Civil Remedies Act, 2001, regarding court approval of settlements in forfeiture proceedings.

The Attorney General of Ontario sought approval for a settlement with an interested party (Rosa Norwood) for a payment from seized property proceeds, without a prior judicial determination that the property was tainted by unlawful activity.

The appellants (Michael Norwood's Estate and 947014 Ontario Inc.) argued this was an error.

The Court of Appeal held that a "settlement in relation to a proceeding under this Act" must relate to in rem property interests, which necessitates a prior finding that the property is proceeds or instruments of unlawful activity.

The court found the motion judge erred in approving the settlement without such a finding, as it purported to settle in rem interests of others without their rights being displaced.

The appeal was allowed, and the settlement approval order was set aside.

This appeal concerned the interpretation of complex, interrelated standard form agreements common in the road construction industry.

The Court of Appeal for Ontario affirmed the application judge's interpretation of these contractual provisions, finding no error in the lower court's reasoning.

The appeal was dismissed, and costs were awarded to the respondent.

The Ontario government cancelled an electric car subsidy program but extended it for a two-month transition period.

The applicant, Tesla Motors Canada ULC, was explicitly excluded from this transition program by a condition limiting it to "franchised automobile dealerships." Tesla sought judicial review, arguing the exclusion was arbitrary, unlawful, and made for an improper purpose without procedural fairness.

The court found the decision to exclude Tesla was arbitrary, unrelated to the stated policy goal of protecting small to mid-sized dealers, and constituted an egregious exercise of discretion for an improper purpose.

The court quashed the minister's decision to implement the transitional program.

The defendants brought a motion to stay the plaintiff's action or remove the plaintiff's counsel, alleging improper use of inadvertently disclosed privileged documents.

The court found that the plaintiff's failure to destroy one electronic copy of a privileged document and its subsequent limited use were inadvertent and caused no prejudice to the defendants.

The court dismissed the request for a stay and removal of counsel but granted ancillary relief ordering the destruction of the privileged documents and prohibiting their further use.

The applicant sought an anti-suit injunction restraining the respondents from continuing a patent and contract dispute before a United States federal court in Illinois.

The respondents alleged that the applicant, as successor to a corporation that had entered a settlement agreement containing an Illinois forum selection clause, was bound by the agreement and had engaged in conduct infringing U.S. patents.

Applying the test in Amchem Products Inc. v. British Columbia (Workers’ Compensation Board), the court held the applicant failed to show that the foreign court assumed jurisdiction inconsistently with forum non conveniens principles or that substantial injustice would result if the foreign proceeding continued.

The Illinois court had jurisdictional connections including U.S. patents, Illinois governing law, and attornment by other defendants.

The application for an anti-suit injunction was dismissed.

A secured creditor brought an application under the Bankruptcy and Insolvency Act seeking the appointment of an interim receiver over the assets of a debtor corporation.

The debtor opposed the application and brought a motion to stay the receivership proceeding or alternatively to consolidate it with a separate action challenging the validity of a general security agreement and alleging contractual breaches.

The court found on the evidence that the debtor was insolvent, unable to meet obligations as they became due, and operating at a deficit.

As the debtor had granted security that became enforceable upon insolvency, the secured creditor’s interest required protection through court supervision.

An interim receiver with limited powers was appointed and the debtor’s motion for a stay or consolidation was dismissed.