Diana M. Soos

The defendants brought a motion to strike the plaintiff's consolidated fresh as amended statement of claim without leave to amend.

The claim arose from the procurement process for the Pan/ParaPan American Games Athletes' Village, where the plaintiff alleged it was wrongfully excluded from participating in the winning bid's financing.

The court struck several claims, including breach of the term sheet, breach of fiduciary duty, unjust enrichment, and a novel 'public law claim', without leave to amend.

Claims for breach of an oral agreement and misfeasance in public office were struck with leave to amend.

Claims for fraudulent and negligent misrepresentation against the private defendants and the Crown agency were allowed to stand.

The defendants moved to strike the plaintiff's consolidated fresh as amended statement of claim without leave to amend.

The action arose from the procurement process for the Pan/ParaPan American Games Athletes' Village, where the plaintiff alleged it was wrongfully excluded from participating in the winning bid's financing.

The court struck several claims, including breach of the term sheet, breach of fiduciary duty, and unjust enrichment against the Crown, without leave to amend.

The claim for breach of an oral agreement was struck with leave to amend to provide better particulars.

The claims for fraudulent and negligent misrepresentation against the private defendants and Infrastructure Ontario were allowed to proceed.

This was a motion for leave to appeal two costs decisions.

The appellant sought leave to appeal the motion judge's decision not to award costs against the applicant personally, citing her financial inability to pay, and not to award costs against her former counsel for allegedly initiating a frivolous application or being in a conflict of interest.

The court denied leave, finding that while there might be doubt about the correctness of denying costs based solely on inability to pay, the matter was not of sufficient importance given the applicant's circumstances.

The court also deferred to the motion judge's findings that the application was not frivolous or vexatious and that counsel was not in a conflict of interest warranting personal costs.

The applicants, International Steel Services Inc. (ISSI), sought an interim injunction to restrain the respondent, Dynatec Madagascar S.A. (Dynatec), from interfering with ISSI's contractual rights under a Sulphuric Acid Plant Operation and Maintenance Agreement.

The dispute centered on whether the agreement was extended to September 27, 2018, as ISSI contended, or if it terminated on May 1, 2016, as Dynatec argued.

The court applied the RJR-MacDonald test for injunctions, finding a serious issue to be tried regarding the agreement's extension and Dynatec's termination notice.

It determined that ISSI faced a meaningful risk of irreparable harm to its business reputation and employee relations if Dynatec proceeded with its takeover plans.

The court also found the balance of convenience favoured ISSI, noting Dynatec's "hardball tactics" and delay in facilitating arbitration.

The interim protective order was granted to ISSI, prohibiting Dynatec from interfering with ISSI's contractual rights and operation of the Acid Plant pending an arbitral decision.