Baruch Wise

The moving party brought a motion for leave to appeal a Small Claims Court decision of a Deputy Justice.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $1,711.95.

The Court-appointed Receiver brought a motion for an Approval and Vesting Order (AVO) to sell real property, and for a Distribution and Discharge Order.

The debtor opposed the sale, arguing the purchase price was improvident and presenting a higher late offer.

The court applied the Soundair test and found the Receiver conducted a fair, court-approved sale process, making sufficient efforts to obtain the best price.

The court granted the AVO, approved the Receiver's activities and fees, and granted a temporary sealing order over confidential property value information.

The defendants, Dentons Canada LLP and Philip Rimer, brought a third-party claim against various individuals and entities, including other lawyers and advisors, seeking contribution and indemnity in a professional negligence action.

The third parties brought Rule 21 motions to strike the third-party claim, arguing that they acted as agents for the plaintiff and therefore any negligence on their part would be attributable to the plaintiff, precluding a third-party claim.

The court struck the claims against one director (Wang) and the escrow agent, finding them doomed to fail based on agency and contractual principles.

However, the court allowed the claims against the other third-party advisors and lawyers to proceed, finding that they fell into a category of non-agency advisory roles where the plaintiff might not be held contributorily responsible for their actions.

Leave to amend was granted to particularize the claims against certain third parties.