David W. Kent

The applicants sought declarations regarding the governance and operations of the Mount Pleasant Group of Cemeteries (MPGC), a statutory trust established in 1826.

The court granted the applicants public interest standing and found that MPGC's directors had not been validly appointed since 1987, as they failed to comply with the mandatory election procedures in the 1849 Act.

The court declared that MPGC holds its assets as a charitable trust and that its operation of visitation centres and funeral homes exceeded its statutory objects.

The court declined to order a formal investigation under the Charities Accounting Act but appointed the seven most senior directors as trustees, subject to confirmation at a public meeting.

The plaintiffs brought a proposed class action against the directors, officers, and advisors of a Delaware-incorporated company for alleged misrepresentations and failures to disclose under Part XXIII.1 of the Securities Act.

The defendants brought motions to strike the claim for punitive damages, strike the claim against a former director for failing to disclose a reasonable cause of action, and stay the action against the foreign financial advisors on jurisdictional grounds.

The court granted all motions, striking the punitive damages claim as inconsistent with the statutory scheme, striking the claim against the former director without leave to amend, and permanently staying the action against the foreign advisors as the court lacked jurisdiction simpliciter.