Christopher Morris

Following a successful anti-SLAPP motion that struck a defamation and malicious prosecution action, the moving parties sought damages under s. 137.1(9) of the Courts of Justice Act and costs.

The court found the struck action was brought for an improper purpose to intimidate and punish the moving parties.

The court awarded $25,000 in general damages to the father and $20,000 to the daughter for the stress and anxiety caused by the abusive litigation.

The moving parties were also awarded full indemnity costs for the struck action, while the responding parties were denied costs for the surviving counterclaim.

Following the dismissal of the applicant's oppression application, the successful respondents sought costs of $42,505.20 on a substantial indemnity basis.

The applicant argued for nominal costs.

The court awarded partial indemnity costs up to the date the respondents made a settlement offer, and substantial indemnity costs thereafter.

Due to excessive hours claimed and lack of detailed breakdown, the court reduced the quantum and fixed total costs payable by the applicant at $21,527 inclusive of disbursements and HST.

The plaintiff, as Estate Trustee, brought a motion without notice for payment out of court of funds allegedly misappropriated by the defendant Eagan.

The funds were paid into court by TD Waterhouse in a related proceeding.

The court reserved its decision, requiring the plaintiff to either serve the motion record on the defendants or seek an order dispensing with service, and to provide evidence regarding other potential claimants to the funds.

The accused applied under s. 24(1) of the Canadian Charter of Rights and Freedoms for a stay of proceedings, alleging a violation of their right to be tried within a reasonable time under s. 11(b).

The court assessed delay under the framework from R. v. Morin, allocating periods between inherent time requirements, Crown delay, and institutional delay.

Crown and institutional delay totalled approximately 19 months, modestly exceeding the Morin guideline range of 14–18 months.

While much of the claimed prejudice was typical of criminal charges, one accused demonstrated significant personal, financial, and health-related prejudice arising from the delay.

Balancing the factors, including prejudice and the seriousness of the charges, the court found the delay unreasonable and ordered a stay of proceedings.

In complex proceedings involving an inspection application, receivership, and bankruptcy relating to corporate entities and a charitable foundation, the Inspector brought a motion to approve accounts and increase an administrative charge.

Counsel for the foundation sought an adjournment due to counsel’s unavailability outside Canada.

The court granted the adjournment and set procedural timelines for the exchange of materials and questions regarding accounts.

The court also extended existing ex parte restraining orders and the appointment of an interim receiver pending a return hearing.

Respondents subject to the restraining orders were directed to provide an accounting of expenditures made under the limited exceptions permitted by the orders.

Multiple motions arose in more than 45 construction lien actions concerning five related solar farm projects across Eastern Ontario.

The plaintiff sought transfer and consolidation of numerous lien actions, while the general contractor sought reduction of security posted to vacate liens under the Construction Lien Act.

The court declined full consolidation, instead designating “main actions” for each project and implementing procedural directions to coordinate litigation efficiently while avoiding administrative burdens associated with transferring and merging dozens of proceedings.

The court partially granted the motion to reduce security where duplicate or inflated lien claims were conceded, while adjourning the balance pending further negotiations and analysis of holdback exposure and overlapping claims.