Brian Radnoff

The applicant, a minority shareholder in a family-owned commercial real estate corporation, brought an oppression application against the majority shareholder and the corporation.

The applicant alleged oppression regarding the provision of financial information, the triggering of a shotgun buy-sell clause while the application was pending, and improper disbursements made to the majority shareholder.

The court found no oppression regarding the information provision or the shotgun clause, concluding the applicant was not entitled to an additional sum for her shares beyond the designated price.

However, the court found the majority shareholder's receipt of improper disbursements was oppressive and ordered an equalization payment of $154,717 to the applicant.

The moving defendants sought to strike the plaintiff's Superior Court action as an abuse of process.

The defendants had previously commenced 67 separate Small Claims Court actions against the plaintiff regarding HVAC rental contracts.

The plaintiff subsequently commenced this Superior Court action against the defendants, seeking damages for breach of contract and defamation, and seeking to traverse or stay the Small Claims Court actions.

The court found that the Superior Court action was duplicative of the plaintiff's defences in the Small Claims Court actions and sought to circumvent the jurisdiction of the Small Claims Court.

The court concluded it would be an abuse of process to permit the Superior Court action to proceed while the Small Claims Court actions were pending, and ordered the action stayed.

Following the successful dismissal of the plaintiffs' defamation action under the anti-SLAPP provisions of the Courts of Justice Act, the moving parties (defendants) sought full indemnity costs totalling over $1.1 million.

The court awarded full indemnity costs as requested, subject to a reduction for the costs of non-active counsel, clerks, or students.

The court also apportioned liability, finding one plaintiff jointly and severally liable only for costs related to the OMA dispute, while the other plaintiff was solely liable for costs related to the COVID-19 dispute.

The plaintiffs, two physicians, brought a $12 million defamation action against over 20 defendants, including other physicians, journalists, and media organizations.

The claims arose from two main disputes: an internal Ontario Medical Association (OMA) dispute and public criticism of the plaintiffs' controversial tweets regarding COVID-19, in which they opposed vaccines and lockdowns and promoted hydroxychloroquine.

The defendants brought anti-SLAPP motions under s. 137.1 of the Courts of Justice Act.

The court found that the defendants' expressions related to matters of public interest and that the plaintiffs failed to show their claims had substantial merit or that the defendants lacked valid defences, such as fair comment and qualified privilege.

The court also found that the public interest in protecting the defendants' expressions far outweighed any harm suffered by the plaintiffs.

The action was dismissed against all defendants.

The plaintiffs brought an action for defamation and breach of a non-disclosure agreement regarding derogatory internet posts allegedly authored by the defendant under a pseudonym.

The plaintiffs moved for summary judgment.

The court dismissed the motion, finding multiple genuine issues requiring a trial, particularly concerning the identity of the author and the credibility of the parties.

The court declined to use enhanced fact-finding powers, holding that a trial was necessary to fully appreciate the voluminous and conflicting evidence.

Additionally, the court awarded $11,860 in costs to a former defendant against whom the action had been discontinued.

The defendants brought a motion to discharge a Certificate of Pending Litigation (CPL) obtained ex parte by the plaintiffs in a dispute over an alleged real estate joint venture.

The court found that the plaintiffs failed to make full and frank disclosure on the ex parte motion, specifically regarding guarantees and paid architectural services.

The court also determined that damages were an adequate remedy and the balance of convenience favoured discharging the CPL.

The CPL was discharged, subject to a condition requiring the defendants to provide 45 days' advance notice before transferring or encumbering the subject properties.

The moving parties (Fibracast Ltd., Anaergia Inc., Anaergia Services, LLC, Benedek Companies, LLC, and Diana Benedek) brought a motion to strike out parties, claims, and pleadings from Waterspin S.r.l.'s amended defence and counterclaim.

The underlying dispute arose from a Distributor Agreement between Fibracast and Waterspin.

Waterspin's counterclaim included broad allegations of enterprise liability against related corporate entities and personal liability against a corporate officer, as well as expansive product liability, misrepresentation, and defamation claims.

The court granted the motion to strike, finding that Waterspin failed to plead sufficient material facts to pierce the corporate veil or establish enterprise liability.

The court also struck out the overly broad product liability claims, declaratory relief, misrepresentation claims, and defamation claims for failing to meet pleading requirements, granting leave to amend only in specific, limited circumstances.

The plaintiffs brought a motion to find the Developer Defendants in contempt of multiple court orders, including a Mareva injunction.

The plaintiffs had invested $9,000,000 with the defendants, who allegedly misappropriated the funds and failed to provide a court-ordered accounting, disclosure, and contact information.

The court applied the three-part test for civil contempt and found the Developer Defendants intentionally breached the orders by failing to provide an accounting, failing to disclose documents, actively thwarting a real estate closing, and failing to provide vehicle information.

The Developer Defendants were found in contempt, with a sanctions hearing to follow.

In the context of a complex fraud action, the court previously ordered the sale of a mortgaged property.

The First Mortgagees subsequently brought a motion seeking payment of three months' interest out of the sale proceeds.

The court dismissed the motion, finding it was barred by issue estoppel and constituted a collateral attack on the prior sale order, as the First Mortgagees failed to attend the prior hearing or produce relevant documents.

Furthermore, the court held that the claimed interest amounted to an unenforceable penalty under the Interest Act and granted relief from forfeiture under the Courts of Justice Act.

Costs were awarded to the plaintiffs on a substantial indemnity basis.

The applicants sought to remove land and PPSA registrations placed by the respondents on the basis of two promissory notes.

The court determined a preliminary issue of whether the promissory notes were enforceable on their face against the applicant corporations.

The court found that because the notes did not name the corporations, despite the individual signatory indicating he had authority to bind a corporation, the notes were only enforceable against the individual personally.

Consequently, the registrations against the corporate applicants were ordered removed.

The moving defendants brought a motion to strike the plaintiffs' statement of claim, which alleged breach of contract, unjust enrichment, and negligent misrepresentation against the corporate directors personally.

The court struck the claims, finding that the alleged oral guarantees were unenforceable under the Statute of Frauds, the unjust enrichment claim lacked material facts, and there was no basis pleaded to pierce the corporate veil.

Leave to amend was denied for the contract and unjust enrichment claims, but granted for the negligent misrepresentation claim.

The Team Lead-Civil in the Toronto Region issued an administrative endorsement assigning Justice P. Cavanagh as the case management judge for the actions and directed that a case conference be held as soon as possible.