Christopher D. Bredt

This appeal concerned a dispute over loan repayments within a complex tax shelter scheme.

The appellants, two corporations (Fincos), sought repayment of loans advanced to an investor.

The investor argued that earlier loans were statute-barred and later loans were satisfied by preferred shares held in trust.

The Court of Appeal upheld the trial judge's findings: the claims for earlier loans were statute-barred due to an agency relationship establishing the commencement of the limitation period, and the later loans were indeed repayable and satisfied by the transfer and cancellation of preferred shares, interpreting the various agreements holistically.

The court dismissed the appeal and the cross-appeal, finding the cross-appeal moot given the main findings.

The defendants (Trinity Development Group Inc., Trinity Albert LP, and John Ruddy) brought a motion to compel Capital Sports Management Inc. (CSMI) and Eugene Melnyk to produce documents related to the work of Gowling WLG LLP for RendezVous LeBreton Group (RLG) and the LeBreton Project.

Trinity argued that Gowlings was jointly retained by CSMI and Trinity in relation to the RLG joint venture, or that common interest privilege applied, or that CSMI had waived privilege.

CSMI contended that Gowlings acted solely for CSMI.

The court found that a joint retainer existed between Gowlings, CSMI, and Trinity for the RLG and LeBreton Project from July 23, 2015, to November 23, 2018, based on objective evidence including Gowlings' representation of RLG to third parties, shared instructions, and shared payment of fees.

The court also noted that CSMI's pleading of a fiduciary relationship with Trinity was inconsistent with its claim of privilege.

The motion to compel production was granted, requiring CSMI to produce the requested documents in unredacted form.

The moving defendants brought a motion for security for costs against the corporate plaintiff in an action arising from a failed joint venture to develop LeBreton Flats.

The court found there was good reason to believe the plaintiff had insufficient assets to satisfy a costs award, as its liabilities exceeded its assets.

The plaintiff failed to demonstrate sufficient exigible assets, relying instead on future revenue streams which the court found inadequate.

The court concluded it was just to order security for costs, noting the moving defendants were minor players facing significant expenses and the plaintiff's controlling shareholder would otherwise be shielded from costs liability.

The plaintiff was ordered to post security in instalments.

Following a successful motion by the plaintiff for an interlocutory injunction to prevent interference with the completion of a transmission project, the court determined the issue of costs.

The court rejected the defendants' argument that costs should be reserved to the trial judge, finding that the injunction effectively resolved the main issue in dispute.

Costs were awarded forthwith on a partial indemnity basis, fixed at $50,000 jointly against the institutional defendants and $15,000 against each of the two individual leaders of the blockade.

No costs were awarded against the remaining individual defendants.

The appellants, survivors and family members of victims of the Rana Plaza building collapse in Bangladesh in 2013, brought a class action against Loblaws and Bureau Veritas seeking damages for negligence, vicarious liability, and breach of fiduciary duty.

The motion judge dismissed the action on the basis that Bangladeshi law applied (not Ontario law), the claims were statute-barred under Bangladesh's one-year limitation period, and the claims disclosed no reasonable cause of action.

The Court of Appeal upheld the dismissal on all grounds.

The court also addressed a costs appeal, reducing the costs award by 30% to reflect the public interest component of the claims.

The Court of Appeal for Ontario considered whether a 1985 indemnity provided by the Province of Ontario to Great Lakes and Reed covered the costs of complying with a 2011 Director's Order requiring remedial work at an abandoned mercury waste disposal site near Dryden, Ontario.

The motion judge had granted summary judgment in favour of Weyerhaeuser and Resolute, finding both were entitled to indemnification.

The appellate court was divided.

The majority (Brown and Lauwers JJ.A.) held that the 1985 indemnity did cover the costs of complying with the Director's Order, but found that Resolute had no legal interest in the indemnity because Bowater had assigned the full benefit to Weyerhaeuser in 1998.

The majority remitted the issue of Weyerhaeuser's rights as assignee to the trial court.

Justice Laskin dissented, arguing the 1985 indemnity covered only third-party pollution claims, not first-party regulatory compliance costs.

Following the dismissal of a proposed $2 billion class action regarding the Rana Plaza collapse in Bangladesh, the successful defendants sought costs totaling over $2.3 million.

The plaintiffs and the Class Proceedings Fund argued for no costs, asserting the case was novel and brought in the public interest.

The court rejected these arguments, finding the claims were grounded in established negligence principles and prosecuted aggressively with an expectation of costs.

The court awarded the defendants their claimed costs in full on a partial indemnity scale.

The plaintiffs, victims of the Rana Plaza factory collapse in Bangladesh, brought a proposed class action in Ontario against Loblaws (who sourced garments from the factory) and Bureau Veritas (who conducted social audits).

The defendants moved to dismiss the action under Rule 21, arguing the claims were governed by Bangladesh law, were statute-barred, and disclosed no reasonable cause of action.

The court held that while it had jurisdiction simpliciter, the claims were governed by Bangladesh law under the lex loci delicti rule and were statute-barred by a one-year limitation period.

Furthermore, the court found that under both Bangladesh and Ontario law, it was plain and obvious that the defendants owed no duty of care to the plaintiffs, nor was Loblaws vicariously liable or in breach of any fiduciary duty.

The action and the certification motion were dismissed.

The plaintiffs sought leave to amend their Statement of Claim to add new parties and assert additional causes of action, including nuisance, negligence, and various Charter and international covenant claims.

The defendants opposed the amendments and brought motions to strike.

The court denied leave to add new Ministries/Ministers, dismissed claims based on international covenants as not actionable in domestic law, and rejected most Charter claims (specifically s. 7) on the basis of issue estoppel, as these issues had been previously determined by the Environmental Review Tribunal and upheld by the Divisional Court.

However, the court permitted amendments for nuisance and negligence claims against the K2 defendants, acknowledging that the alleged harms were now realized post-construction.

The action against Her Majesty the Queen in Right of Ontario and the Director was dismissed.

This case concerns the interpretation of a 1985 indemnity agreement granted by the Province of Ontario to Great Lakes Forest Products Limited (now Resolute FP Canada Inc.) and its successors and assigns, regarding mercury contamination.

Weyerhaeuser Company Limited, a subsequent owner of the property, and Resolute sought indemnity from the Province for costs incurred complying with a 2011 environmental remediation order issued by the Ministry of the Environment.

The court granted summary judgment, finding that the indemnity's broad language covered statutory claims by provincial agencies and that the fettering doctrine did not apply to this business agreement.

Weyerhaeuser was also found to be able to rely on the indemnity as a successor or assignee.

This costs endorsement followed an appeal by the defendants regarding a Master's decision on production of documentation for damage claims.

The appeal was partially successful in obtaining some documentation but failed on the principal issue of 'flow-through costs.' The plaintiffs sought costs on a substantial indemnity basis, arguing their settlement offer would have avoided costs.

The court found Rule 49.10(2) inapplicable to appeals but considered the plaintiffs' offer and the defendants' own costs submissions.

The court awarded the plaintiffs $33,000 in partial indemnity costs, finding them fair and reasonable given the case's complexity, importance, and the parties' conduct.

The moving defendants sought leave to appeal orders refusing to compel production of agreements between the plaintiffs and their content providers in satellite signal piracy litigation.

The defendants argued that documents showing programming acquisition costs were relevant to calculating the plaintiffs’ lost profit damages.

The court applied the tests under r. 62.02(4) of the Rules of Civil Procedure and found no conflict with the cited Quebec decision and no reason to doubt the correctness of the motion judge’s ruling.

Evidence indicated that any recovered amounts would flow through to content providers or SOCAN, making the requested documents irrelevant to the damages calculation.

The issues were fact‑specific and not of sufficient importance to warrant appellate review.

The plaintiff railway company sought an ex-parte interim injunction to clear a blockade by unknown protesters on its Toronto to Montreal Main Line.

The blockade halted significant freight and passenger traffic, causing severe economic and operational disruptions.

Applying the R.J.R. MacDonald test, the court found a serious question to be tried regarding trespass, irreparable harm to the plaintiff and the public, and that the balance of convenience overwhelmingly favoured the plaintiff.

The court granted the interim injunction for ten days.

Following the granting of summary judgment dismissing libel actions against certain defendants, the court reconsidered the appropriate costs award.

The defendants argued that an early offer to settle should justify full or substantial indemnity costs after the plaintiffs refused the offer and ultimately lost on summary judgment.

The court held that the offer did not trigger Rule 49 cost consequences because it expired before the hearing, but it could still be considered under the court’s discretion under s. 131 of the Courts of Justice Act and Rule 57.01.

The court found no reprehensible or unreasonable conduct warranting full or substantial indemnity costs but concluded the early offer should have prompted a careful reassessment of the claim.

The costs award was therefore increased from $25,000 to $35,000.

The plaintiff brought a motion for civil contempt against the respondent for his participation as a spokesperson in a railway blockade, in defiance of an injunction.

The respondent admitted knowledge of the order and his continued participation, leading to a finding of contempt.

In determining the appropriate sanction, the court declined to issue a continuing restraining order, noting the respondent had helped dismantle the blockade.

Applying principles for aboriginal contemnors and costs rules, the court ordered the respondent to pay costs of $16,584.87 to the plaintiff.

The moving defendants brought summary judgment motions seeking dismissal of defamation actions arising from an internal investigative firm newsletter describing an investigation into alleged unauthorized retransmission of satellite television signals in apartment buildings.

The plaintiffs alleged the article defamed them and that the moving defendants conspired with the investigation firm to publish it.

The court found no evidence linking the moving defendants to the creation or publication of the article and held that the record did not support conspiracy or vicarious liability.

The court also rejected arguments that unanswered questions on cross‑examination created adverse inferences.

Summary judgment was granted dismissing the actions against the moving defendants, with costs awarded.

The alleged contemnor, Ron Plain, brought a motion for extensive disclosure in a civil contempt proceeding arising from a railway blockade.

He sought the disclosure to mount a novel Charter challenge and collateral attack against the underlying injunction.

The court dismissed the motion, holding that a collateral attack on a valid court order is not permitted in contempt proceedings.

Furthermore, applying a contextual approach to civil contempt, the court found that the extensive disclosure sought was not necessary, particularly given that the applicant sought only costs as a sanction.

The plaintiff self-regulatory organization brought a motion for summary judgment to recover $80,000 in costs ordered by its disciplinary hearing panel against a former registrant.

The defendant had previously been found guilty of misconduct involving undisclosed financial interests in client accounts and was permanently banned and fined by the disciplinary panel.

Appeals to the securities regulator and the Divisional Court were dismissed, and the defendant failed to pay the ordered costs.

The court held that membership in the regulatory organization created a contractual obligation to comply with its by-laws, rules, and disciplinary orders, including costs awards.

The court concluded that the costs order was enforceable through a civil action for breach of contract.

Following the dismissal of defendants’ summary judgment motions and related motions to set aside an Anton Piller order, the court addressed the issue of costs.

The defendants had argued the plaintiff’s action was barred by limitation periods under s. 18(5) of the Radiocommunication Act and the Ontario Limitations Act and sought dismissal on summary judgment.

The court held that the motions were unreasonable given the extensive factual disputes, credibility issues, and evidentiary record requiring trial under the “full appreciation test” articulated in Combined Air Mechanical Services Inc. v. Flesch.

The defendants also unsuccessfully sought to challenge the Anton Piller order.

Costs were therefore awarded to the plaintiff on a substantial‑indemnity basis.

The defendants brought motions to set aside an Anton Piller order and to exclude evidence obtained under it, and also sought summary judgment dismissing the action on limitation grounds.

The action alleged an unauthorized SMATV scheme distributing encrypted satellite television programming to hundreds of tenants using residential subscriber accounts, contrary to the Radiocommunication Act, contract, and tort principles.

The court held that the plaintiff established a strong prima facie case and that the Anton Piller order was properly granted, finding no failure of full and frank disclosure.

The court also found that complex factual disputes, credibility issues, and allegations of fraudulent concealment prevented determination of limitation defences on summary judgment.

Both the motions to set aside the Anton Piller order and the motions for summary judgment were dismissed.