Brent McPherson

The defendant, His Majesty The King in Right of the Province of Ontario, brought a motion to dismiss a proposed class action for delay.

The plaintiff, Kiwayne Jones, had initiated the action over six years prior, seeking damages and declarations related to the citizenship status of former Crown wards.

Despite agreed timetables and multiple case conferences, the plaintiff failed to advance the certification motion or convert the action to an individual claim, and ultimately confirmed he was no longer interested in pursuing the matter.

The court, applying section 29.1(1) of the Class Proceedings Act, 1992, dismissed the action for delay, noting that the dismissal would not prejudice putative class members as the limitation period remained suspended under section 28 of the Act, and only the plaintiff's personal claim was dismissed.

No costs were sought or awarded.

The applicant, a retail appliance store, sought a declaration that it was permitted to remain open for in-person shopping during the COVID-19 grey lockdown stage in Toronto and Peel.

The applicant argued it qualified as an essential business under O. Reg 82/20, either as a 'hardware store' or as part of the construction supply chain.

The court dismissed the application, finding that the legislature intended the term 'hardware store' to be given its conventional, everyday meaning, which does not include a store exclusively selling home appliances.

The court rejected the applicant's attempt to stretch the plain language of the regulation.

The applicant, a home appliance retailer, sought an interim injunction to allow its showrooms to remain open despite being ordered to close under Covid-19 public health regulations.

The applicant argued it qualified as an essential 'hardware store' and would suffer irreparable financial harm if closed during the busy December retail season.

The court dismissed the request for interim relief, finding that while there was a serious issue to be tried and potential irreparable harm, the balance of convenience favoured the respondents.

The court held that the public interest in enforcing public health measures to prevent the spread of Covid-19 outweighed the applicant's private economic interests at this preliminary stage.

At a case conference, the court scheduled the plaintiff's motion to convert a proposed class action into an individual action for May 10, 2021.

The court also explicitly endorsed the plaintiff's right to attend any motion or case conference, whether virtually or in person, at the request of plaintiff's counsel.

The appellants, Ontario Lottery and Gaming Corporation and Ontario, appealed an arbitration decision that found they breached the Gaming Revenue Sharing and Financial Agreement (GRSFA) by ceasing to share certain non-gaming and complimentary revenues with the respondent, Ontario First Nations (2008) Limited Partnership.

The Superior Court of Justice dismissed the appeal, holding that the standard of review for commercial arbitrations remains reasonableness post-Vavilov.

The court found the arbitration panel's contractual interpretation was reasonable, firmly rooted in the agreement's text and surrounding circumstances, and that the honour of the Crown doctrine was correctly applied to the government-to-government agreement.

The applicants sought initial protection under the Companies’ Creditors Arrangement Act after becoming insolvent with liabilities exceeding $5 million and being unable to meet obligations as they fell due.

The court considered jurisdiction, the necessity of a stay of proceedings, oversight during the stay, pre-filing payments, the appointment of a monitor, and the granting of priority charges including a DIP charge, administrative charge, and directors’ and officers’ charge.

The applicants intended to pursue a sale and investment solicitation process to refinance or sell the business and maximize value for stakeholders.

The court found the applicants met the statutory requirements for CCAA protection and that the proposed restructuring steps, financing, and charges were reasonable and necessary.

An initial stay of proceedings and related relief were granted.