Chloe Snider

The applicant sought specific performance of an alleged agreement to purchase the respondents' shares in a corporation involved in the Thai medical cannabis industry.

The court found that the email correspondence between the parties constituted an agreement in principle, but not a binding contract, as essential terms regarding due diligence and disclosure remained unresolved.

However, the court found that a subsequent rights offering proposed by the respondents, which would have significantly diluted the applicant's minority shareholding at a below-market price, was oppressive.

The application for specific performance was dismissed, but the rights offering was permanently enjoined.

The plaintiff, a minor student at a private school, sought a mandatory interlocutory injunction to compel the school to re-register him for the upcoming academic year.

The student's parents had failed to pay tuition arrears by the re-registration deadline, resulting in the school filling his spot.

After paying the arrears late, the parents argued the school breached its contract and an alleged oral agreement by refusing re-registration.

The court dismissed the motion, finding the plaintiff failed to establish a strong prima facie case of breach of contract or that the student would suffer irreparable harm if forced to attend a different school pending trial.

The plaintiff brought a motion to amend his statement of claim to add claims against the corporate directors for unpaid wages under the OBCA and CBCA.

One of the directors opposed the motion and brought a cross-motion to strike the existing ESA claims, arguing the claims were premature because the corporate employer had not yet been sued to judgment and execution returned unsatisfied.

The court granted the plaintiff's motion to amend, finding the claims were not clearly untenable at law and could be tried together with the corporate claims.

The court dismissed the director's cross-motion to strike, finding it was brought too late and was an improper disguised summary judgment motion.

Following a decision permanently staying the plaintiffs' second action for abuse of process, the successful defendants sought costs on a substantial indemnity basis.

The court rejected the request for substantial indemnity, finding that the defendants' Rule 49 offer was not beaten and the plaintiffs' fraud claim was never adjudicated.

The court awarded costs on a partial indemnity basis, reducing the requested amounts by 25% to account for issues that were deferred to a potential future motion.

Costs were fixed at $34,608 for the main group of defendants and $13,722 for Dr. Kajdehi.

The plaintiff commenced a wrongful dismissal action in 2015 against his former employer, which was stayed when the employer declared bankruptcy.

In 2019, the plaintiff commenced a second action against the bankrupt employer and several new defendants, alleging oppression, common employer, and improper transfer of assets.

The newly added defendants moved to strike or stay the second action.

The court permanently stayed the second action as an abuse of process, finding that it improperly circumvented the comprehensive regime of the Bankruptcy and Insolvency Act for challenging asset transfers, as well as the Rules of Civil Procedure regarding the addition of parties to an existing action.

The plaintiff in a class action alleging a price-fixing conspiracy regarding film capacitors moved for approval of a settlement with the Panasonic defendants and for approval of class counsel fees.

The court found the $1.35 million settlement, which included valuable cooperation from the settling defendants, to be fair and reasonable despite being heavily discounted from the estimated exposure.

The court also approved the requested class counsel fees of 25% of the settlement, but ordered the payment to be split into two installments to incentivize counsel to advance the litigation more expeditiously.

The plaintiffs in a price-fixing class action regarding electrolytic capacitors moved for court approval of a $5.9 million settlement with the Panasonic defendants, as well as approval of class counsel fees and disbursements.

The court found the settlement, which included significant cooperation from the settling defendants, to be fair, reasonable, and in the best interests of the class.

The court also approved the retainer agreements and the requested class counsel fees of $1,487,500 (25% of the settlement) and disbursements of $141,866.96, noting the complexity and risk of the litigation.

The defendants brought motions to strike the plaintiff's Amended Amended Statement of Claim in its entirety.

The plaintiff alleged a fraudulent scheme involving breach of contract, conspiracy, and other torts by its former employee and various corporate and individual defendants in China and Ontario.

The court found that the plaintiff failed to plead material facts to support personal liability against the individual defendants (except the former employee) separate from their roles as corporate directors or officers.

The court struck the entire statement of claim but granted the plaintiff leave to deliver a Fresh as Amended Statement of Claim in accordance with the court's directives.

The defendants brought a motion to amend the class definition in a certified data breach class action.

They sought to narrow the class to persons who had active leases or loans with Nissan during a specific period, based on evidence that the stolen data sample only contained information from that timeframe.

They also sought to exclude corporate customers.

The court granted the motion to amend the timeframe, finding it supported by the evidence, but declined to exclude corporate customers at this stage, holding that the issue of whether corporations can claim intrusion upon seclusion should be determined as a separate question of law.

Following a partially successful certification motion in a privacy breach class action, the plaintiffs sought costs of $532,162.17.

The court found the requested amount excessive and unreasonable due to over-litigating, over-staffing, and over-docketing.

Noting the plaintiffs' mixed success and last-minute changes to their case that prejudiced the defendants, the court reduced a reasonable starting point of $160,000 by half, awarding the plaintiffs $80,000 all-inclusive.

The plaintiffs brought a motion to certify a class action against Nissan following a data breach where an unknown employee accessed and stole the personal information of thousands of customers, demanding a ransom.

The court found that the plaintiffs satisfied the certification requirements under s. 5(1) of the Class Proceedings Act.

The court certified common issues relating to vicarious liability for the tort of intrusion upon seclusion, negligence, aggregate damages, and punitive damages, while narrowing the proposed class definition.

The plaintiff, Husky, brought an action against its founder, Robert Schad, his new company Athena, and others, alleging misuse of confidential information relating to injection molding machines.

Husky claimed that Athena accessed confidential information from Husky machines placed at a third-party facility (Niigon) and used it to develop competing machines.

The defendants argued the claims were statute-barred, that most issues were settled during prior negotiations, and that no confidential information was misused.

The court dismissed Husky's claims, finding they were statute-barred as Husky knew of the material facts more than two years before commencing the action.

The court also found that the commercially available machines were not confidential, and that Athena did not make material use of any confidential information from the prototype machines.

Athena's counterclaim for abuse of process and injurious falsehood was also dismissed for lack of evidence.

The applicant brought a motion to strike an affidavit filed by a respondent in an application to recognize and enforce a foreign arbitral award under the International Commercial Arbitration Act.

The affidavit alleged that the applicant had engaged in money laundering and other criminal activity relating to the investment that was the subject of the arbitration.

The court held that the affidavit attempted to relitigate issues already determined by the arbitral tribunal and would improperly create a “trial within a trial” on the merits of the award.

Because recognition and enforcement proceedings under the UNCITRAL Model Law permit only narrow defences, the affidavit was clearly irrelevant and scandalous.

The affidavit was struck, though it could remain in the record solely as part of the Paris annulment proceedings.