D. Judson

The plaintiff/defendant by counterclaim brought a motion for security for costs against the defendant/plaintiff by counterclaim in a commercial lease dispute.

The moving party sought $45,000 in security.

The court found that the responding party had insufficient assets to satisfy a costs award and failed to establish impecuniosity.

The court ordered the responding party to post $25,000 in security for costs, payable in two tranches, balancing the need for protection against the risk of preventing a claim from proceeding.

The defendant brought an anti-SLAPP motion to dismiss a defamation action commenced by a drag performer and a 2SLGBTQI organization.

The action arose from a Facebook post by the defendant that referred to the plaintiffs as 'groomers' in the context of a drag story-time event.

The court dismissed the motion, finding that the expression did not relate to a matter of public interest, but rather perpetuated harmful myths and stereotypes about the 2SLGBTQI community.

The court further held that the defamation claim had substantial merit, the defence of fair comment had no real prospect of success, and the public interest in allowing the plaintiffs to defend their reputations outweighed any public interest in protecting the expression.

Following the dismissal of the plaintiff's claim at trial, the successful defendants sought substantial indemnity costs.

The plaintiff conceded that substantial indemnity costs were warranted due to unsuccessful fraud allegations but disputed the quantum and whether the litigation administrator should be personally liable.

The court fixed costs at $45,000 for the Jolicouers and $55,000 for Debra.

The court ordered the litigation administrator to be personally liable for 67% of the costs, representing the portion incurred after the deceased's death when she continued the litigation for her own benefit, with the estate liable for the remaining 33%.

The applicant sought remedies under the Business Corporations Act after discovering the respondent co-director had forged his signature on pandemic relief loans and deposited fraudulent cheques, leaving the corporation in debt.

The respondent admitted to the forgeries.

The court granted judgment for the $35,000 the applicant paid to cover the overdraft, awarded $25,000 in punitive damages, set aside the forged loan agreements and personal guarantees, and awarded substantial indemnity costs.

The plaintiff estate administrator brought an action alleging that the deceased's daughter, acting as power of attorney, fraudulently transferred the deceased's farm properties to another daughter and son-in-law in 1997.

The court found no evidence of fraud or conspiracy, concluding that the deceased had authorized the transfers.

The court also held that any claim for the unpaid balance of the purchase price was barred by the 15-year ultimate limitation period under the Limitations Act, 2002.

The defendants' counterclaim regarding the severance of a joint tenancy was also dismissed.