5 total
Ontario kept jurisdiction over a cross-border supply dispute.
The moving defendants sought a stay of an Ontario action arising from cancelled purchase orders for custom fiber optic components, arguing the dispute belonged in Oregon.
Applying the Van Breda framework, the court held there was a sufficient real and substantial connection to Ontario because the goods were manufactured in Ottawa, the business relationship involved regular attendance in Ontario to monitor production, and payment obligations ran to the Ontario manufacturer.
The court further held the defendants failed to establish forum non conveniens, noting the limited weight of witness-location concerns in the era of virtual testimony, the absence of competing Oregon proceedings, and the lack of demonstrated prejudice from litigating in Ontario.
The stay motion was dismissed and the responding plaintiff received partial indemnity costs.
The court dismissed an oppression claim against a corporate director for punitive damages as it was statute-barred and the alleged harm had already been rectified.
Cary Kaplan, a defendant, brought a motion to dismiss the oppression claim against him by OZ Merchandising Inc. The court granted the motion, finding that the alleged oppressive conduct had been rectified by the Canadian Soccer League Inc.'s admission of successor liability for the Canadian Professional Soccer League Inc.'s liabilities.
Furthermore, the court determined that punitive damages were not an appropriate remedy for rectification in this context and that the claim against Mr. Kaplan was statute-barred under the Limitations Act, 2002, as it was brought more than five years after the alleged conduct and his addition to the action.
The court refused the plaintiff's request to further delay a motion to dismiss, confirmed equitable claims cannot be heard by a jury, and ordered immediate payment of outstanding costs.
This endorsement from a case conference addresses the plaintiff's repeated attempts to delay the hearing of defendant Kaplan's motion to dismiss and to link it with other potential motions for default judgment or summary judgment.
The court denied the plaintiff's requests for further deferral and linking, emphasizing that Kaplan's motion had been delayed long enough.
The court also clarified that motions are not heard by a jury, particularly for equitable remedies like oppression claims under the OBCA.
Finally, the court ordered the plaintiff to forthwith pay outstanding costs previously awarded to Kaplan.
Successful applicant awarded $62,510.85 in partial indemnity costs following consideration of settlement offers and unnecessary examinations.
Following a decision on the merits in two related applications, the successful applicant sought costs.
The respondent requested a reconsideration of the costs award and argued for no costs or a nominal amount.
The court declined to reconsider the entitlement to costs, noting that costs are always in play and should be addressed during the hearing.
The court considered the applicant's non-compliant offers to settle and the excessive time spent on examinations by both parties.
The court awarded the applicant partial indemnity costs of $62,510.85, inclusive of disbursements and HST, after making a reduction for unnecessary examination time.
Condominium lien for court-ordered costs expired because it was registered more than three months after the costs were due.
The applicant mortgagee and respondent condominium corporation disputed priority over the proceeds of a condominium unit sold under power of sale.
The corporation claimed a priority lien for common expenses, which included court-ordered costs against the unit owner under s. 134(5) of the Condominium Act.
The court held that the default giving rise to the lien occurred when the costs were due under the court order, not when the corporation demanded them or added them to its ledger.
Because the corporation registered its lien more than three months after this default, the lien expired under s. 85(2).
The mortgagee was granted priority over the sale proceeds.
