D. Bourassa

The plaintiff, a minority shareholder, moved for an injunction to block the impending sale of the corporation's sole real estate asset to a third party.

The plaintiff had previously initiated an oppression action against the majority shareholders and directors, alleging mismanagement and conflicts of interest.

Applying the RJR-MacDonald test, the court found a serious issue to be tried regarding the propriety of the sale.

However, the court dismissed the motion because the plaintiff failed to establish irreparable harm, as any potential losses were quantifiable and could be compensated through a damages award against the directors personally.

The applicant sought to register a default judgment obtained in Alberta against the respondent for unpaid electrical work.

The respondent, who was served in Ontario, did not defend the Alberta action and did not appear at this application.

The court found that the Alberta court had jurisdiction, the respondent carried on business in Alberta, and no circumstances existed under section 3 of the Reciprocal Enforcement of Judgments Act to prevent registration.

The application was granted and the judgment was ordered registered in Ontario.

The trial in this matter was scheduled to commence on September 20, 2021.

Due to health issues involving counsel for the defendants, the court adjourned the trial to January 10, 2022, making the new date peremptory to the defendants.

The court also made orders regarding the re-drafting of pleadings and the production of outstanding documents by the defendants.

The issue of the plaintiffs' costs thrown away was reserved to the trial judge.

At a pre-trial conference for a property ownership dispute, the court addressed trial management issues to ensure readiness for a September 2021 trial.

The court set deadlines for the defendants to provide a redrafted statement of defence, finalize their position on the joint document brief, and answer outstanding undertakings regarding the property's income and expenses.

The court noted that failure to provide the undertakings could result in the plaintiff seeking to strike the defence at trial.

Following a successful application regarding a dispute between a first and second mortgagee, the applicant sought costs of $43,885.29.

The respondent did not deliver costs submissions.

The court found the requested amount, calculated on a partial indemnity basis up to the date of an offer to settle and substantial indemnity thereafter, to be reasonable and awarded the full amount.

The court-appointed receiver of a non-profit housing co-operative moved for approval of an agreement of purchase and sale with a non-profit corporation.

The sale would preserve the property as affordable housing but required an increase in occupancy fees to fund necessary repairs.

A competing bidder submitted a revised offer after the bid deadline, matching the financial terms and offering a one-year freeze on occupancy fees, but without a long-term commitment to affordable housing.

Applying the Soundair test and considering the special factors for co-operative housing, the court found the receiver's process was fair and the recommended offer was not improvident.

The motion to approve the sale was granted.