Brian L. DeLorenzi

The applicant, a bare trustee, sought an order for the partition and sale of a property under the Partition Act.

The respondent, the beneficial owner, opposed the sale, arguing that the applicant had no independent power to compel sale under their bare trust agreement and that a sale would be unfair given her ongoing efforts to resolve matrimonial issues and retain the home.

The court dismissed the application, finding that the applicant, as a bare trustee, lacked the authority to compel partition or sale, and even if she had such a right, it would be oppressive to order a sale under the circumstances.

The moving party was successful on a motion to compel the estate trustee to pass accounts and sought costs on a substantial or partial indemnity basis.

The estate trustee argued that costs should be deferred or reduced due to unresolved issues in the main application, including whether there would be sufficient residue to pay legacies.

The court found that while the moving party was entitled to costs, the determination of the scale, amount, and who should pay (the estate or the trustee personally) was best deferred to the judge hearing the main application.

The moving party, a beneficiary under her late mother's will, brought a motion for an order requiring the estate trustee to particularize estate assets and pass his accounts.

The estate trustee opposed the motion, arguing the request was overbroad and akin to a fishing expedition, and noted an ongoing dispute over a joint account held by the moving party and the deceased.

The court granted the motion, finding the moving party had a prima facie financial interest in the estate and the estate trustee had failed to provide a clear response regarding the estate's assets.

The court held the request was reasonable given that specific bequests had not been paid and the estate trustee asserted there might be insufficient assets.

The plaintiff, Priddle-Luck Professional Corporation, brought a motion for an interim interim interlocutory injunction seeking mandatory orders for the return of client information and disclosure of communications, and prohibitory injunctions against using goodwill/client lists and soliciting clients.

The motion arose from the sale of an accounting practice and subsequent competition.

The court applied the three-part test from RJR-MacDonald Inc. v Canada (serious issue, irreparable harm, balance of convenience) and noted the exceptional nature of mandatory and interlocutory injunctions.

The court found that the test had not been met at this preliminary stage due to significant divergence in evidence requiring further exploration.

Consequently, the motion was dismissed, and costs were reserved.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age following her termination.

The respondent requested the application be dismissed because the applicant had signed a full and final release.

The applicant argued the release should be set aside due to economic duress and misrepresentation.

The Tribunal found that financial pressure alone does not constitute economic duress and that the respondent did not make any false representations regarding the business reasons for her termination.

The Tribunal concluded that proceeding with the application would be an abuse of process and dismissed the application.

Following earlier motions by several defendants seeking dismissal of the action, a stay, or security for costs, the court addressed the issue of costs.

The defendants succeeded only in obtaining security for costs orders, and those orders were granted in amounts lower than requested.

The court refused the defendants’ requests to dismiss the action based on a final release, want of prosecution, or late service of the statement of claim.

Applying s.131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court found the success of the parties to be divided when viewed globally.

In the circumstances, no costs order was appropriate.

The defendants brought motions to dismiss the plaintiff's personal injury action on the basis of a signed release, failure to serve the statement of claim on time, and want of prosecution, or alternatively for security for costs.

The plaintiff, a Japanese exchange student, was stabbed by another passenger on a Greyhound bus.

The court dismissed the motions to dismiss the action, finding triable issues regarding the release and no prejudice from the minor delay in service.

However, the court granted the motion for security for costs, finding the plaintiff was not impecunious and his claim against the bus company and police lacked a good chance of success based on foreseeability.

The plaintiff was ordered to post $15,000 in security.

A third party insurer brought a motion seeking dismissal of a crossclaim and third party claim and requesting costs incurred in defending those claims.

The claims had been initiated after the third party insurer initially denied coverage for a motor vehicle accident based on an alleged breach of statutory conditions.

After the third party insurer clarified its position that coverage was denied only because the driver lacked consent, the claims were discontinued by agreement.

The court held that the claims were not frivolous or vexatious when commenced because they were prompted by the insurer’s earlier denial of coverage.

The motion for costs by the third party insurer was dismissed, and the opposing insurer was awarded costs of the motion.

The appellant appealed the dismissal of his defamation claim following a jury trial.

He argued that the jury's verdict was perverse, that the trial judge erred in law regarding the defences of qualified privilege, responsible communication, and fair comment, and that the jury charge was unbalanced.

The Court of Appeal dismissed the appeal, finding ample evidence to support the jury's verdict, a sound basis in law for the defences left to the jury, and no unfairness in the jury charge.

Costs of $10,000 were awarded to each set of respondents.