David Milosevic

In an ongoing family law arbitration regarding property valuation, the moving party husband sought to introduce 2015 year-end financial statements.

The arbitrator adjourned the hearing to allow the parties to seek direction from the Superior Court on the admissibility of the documents under section 6.1 of the Arbitration Act.

The court reluctantly accepted jurisdiction due to the parties' consent and the unique circumstances.

The court dismissed the motion, finding the documents were inadmissible hearsay as the author was not being called as a witness and the arbitration agreement limited witnesses to the parties' experts.

The plaintiff brought a motion for certification of a proposed class action on behalf of former employees seeking commissions allegedly owing on post‑dated collections following mass layoffs by the defendant debt collection company.

The claim alleged breach of contract and unjust enrichment arising from the defendant’s return of certain collections to a client rather than paying commissions to employees.

After discussion with the court, the parties consented to certification with revised pleadings, class definition, and common issues.

The court independently assessed the requirements under s. 5 of the Class Proceedings Act, 1992 and found the criteria satisfied, including an identifiable class, common issues, and a suitable representative plaintiff.

Certification was granted and the court fixed costs payable to the plaintiff in the amount of $25,000 in any event of the cause, payable after the defendant’s upcoming summary judgment motion.

The plaintiffs brought a motion for summary judgment against the defendants Sablo and Shamrock for failing to purchase their common shares in Crown William pursuant to a 'Put-Right' option in an Asset Purchase Agreement.

The defendants argued the plaintiffs did not properly exercise the option and that the action was premature.

The court found that the plaintiffs substantially complied with the notice requirements, that a prior release by one plaintiff did not bar her claim, and that the provision for a section 116 Income Tax Act certificate was not a condition precedent.

Summary judgment was granted in favour of the plaintiffs for $600,000.

The defendant brought a motion under Rule 21.01(1)(b) of the Rules of Civil Procedure to strike the statement of claim for disclosing no reasonable cause of action.

The plaintiff alleged the tort of intentional infliction of mental distress based on two incidents: the defendant’s alleged failure to notify him of their father’s deteriorating medical condition before death, and the defendant’s exclusion of him from participation in the planning and conduct of their father’s funeral.

The court held that the alleged omission to communicate the father’s condition constituted inaction and could not ground the intentional tort alleged.

The court further held that disputes about participation in funeral arrangements and intra‑familial grievances of this nature are not appropriate for judicial adjudication and do not give rise to a cause of action for intentional infliction of mental distress.

The statement of claim was therefore dismissed.

The applicant sought repayment of funds allegedly held in a foreign exchange trading account maintained with the respondent trading platform.

The respondent claimed the account had a negative balance due to improper trading practices and alleged retroactive losses arising from trades purportedly closed by a liquidity provider more than a month after the original transactions.

After reviewing account records, journal logs, and expert evidence, the court found the disputed trades were not the result of improper trading and that the alleged later closings did not occur.

The court concluded the respondent manipulated records to fabricate losses and retroactively adjust the account balance.

The applicant was awarded damages equal to the account balance shown in the earlier statement, an unpaid contractual bonus, and punitive damages.