Bruce Marks

The plaintiff brought a motion for summary judgment on 34 promissory notes totaling $998,181.23 and sought to dismiss the defendants' counterclaim.

The parties filed voluminous records totaling over 2,000 pages.

The court dismissed the motion, finding that the sheer volume of evidence made it impossible to determine if there was a genuine issue for trial within the scheduled two-and-a-half-hour motion, and concluded the matter was not suitable for summary judgment.

The plaintiff brought a motion seeking an order to transfer ownership of an Endangered Species Act benefit permit to the defendants.

The defendants opposed the motion, arguing the plaintiff failed to comply with a prior security for costs order and failed to serve the Ministry of Environment, Conservation and Parks.

The court granted the plaintiff leave to bring the motion despite a minor delay in paying costs, but dismissed the motion on the basis that the court lacked jurisdiction to transfer the permit without notice to the Ministry.

The defendants brought a motion for an interlocutory injunction and declaratory relief to prevent the plaintiff from interfering with land development projects governed by Joint Venture Agreements.

The plaintiff, whose principal had been terminated as project manager, had been contacting third parties and refusing to execute necessary documents, jeopardizing the final plan approval of the Johnson Point project.

The court found that the defendants had final decision-making authority under the agreements and met the test for a prohibitory interlocutory injunction.

The court granted the requested relief, limiting it to the Johnson Point project, and ordered the plaintiff not to cancel a related environmental permit.

Following the consented annulment of the debtor's bankruptcy proposal, the moving party sought solicitor and client costs of over $62,000.

The court rejected the application of Rules 38.08(1) and 23.05(1), finding that section 197 of the Bankruptcy and Insolvency Act governed the costs motion.

Applying the factors in Rule 57.01(1), the court found the debtor's conduct in filing the proposal was ill-advised but not reprehensible enough to warrant solicitor and client costs.

Finding the claimed hours excessive and unreasonable, the court fixed costs at $8,000 inclusive of HST.