Dylan H. Yegendorf

The plaintiff commenced an action for wrongful dismissal and oppression remedies arising from his ouster as director and CEO of the defendant corporation.

The defendants filed a motion to stay the action in favour of arbitration, claiming the plaintiff was bound by an arbitration agreement.

The defendants failed to properly advance their motion, initially abandoning it for six weeks, then repackaging it as a rule 21 motion.

After multiple procedural disputes, case conferences, and a motion for leave to appeal a case conference endorsement, the defendants failed to file their motion confirmation form by the required deadline.

The motion was deemed abandoned under the Rules of Civil Procedure.

The court awarded costs to the plaintiff, finding the defendants engaged in improper delaying tactics throughout the nine-month proceeding.

A vacant land condominium corporation sought damages and disgorgement of profits against its former directors and various defendants, alleging breach of fiduciary duty in connection with the release of easements burdening adjacent land.

The plaintiff claimed the directors received secret benefits in exchange for facilitating the release of easements valued at approximately $31.5 million.

The court found that the corporation was contractually obligated to release the easements pursuant to easement release provisions in registered agreements, and that the plaintiff failed to prove the directors received secret benefits or breached their fiduciary duties.

The court dismissed the plaintiff's claim and the counterclaim.

In Companies’ Creditors Arrangement Act (CCAA) proceedings, LoyaltyOne, Co. and its Monitor sought a declaration that a Tax Matters Agreement (TMA) was not binding or was void as a transfer at undervalue (TUV), and sought to disclaim the TMA to secure a $96 million tax refund.

Bread Financial Holdings, Inc. (formerly ADS) cross-moved to set aside the disclaimer, asserting its entitlement to the refund under the TMA.

The court ruled that LoyaltyOne was bound by the TMA, the TMA was not void as a TUV, and the disclaimer was not approved.

The court found it premature to determine the specific nature of Bread's rights to the refund.

This endorsement addresses the costs of a successful motion by the Defendant, Andrew Rudensky, to set aside a noting in default and default judgment obtained by the Plaintiffs.

The Plaintiffs argued for no costs or an offset, asserting Mr. Rudensky's fault for the default.

The court found the Plaintiffs solely responsible for failing to properly serve Mr. Rudensky, thus dismissing their arguments regarding his alleged fault or delay.

The court also rejected Mr. Rudensky's claim for substantial indemnity costs under Rule 49.10, finding that his offer to settle was not "beaten" by the costs endorsement itself.

Ultimately, the court fixed Mr. Rudensky's partial indemnity costs at $79,253.40, payable by the Plaintiffs within 30 days.

The defendant, Andrew Rudensky, moved to set aside a default judgment and noting of default obtained by the plaintiffs for defamation.

The court found that the Amended Statement of Claim was not properly served on Mr. Rudensky at his place of residence, rendering the default judgment irregularly obtained.

Applying the "as of right" rule for irregularly obtained judgments, the court set aside both the default judgment and the noting of default.

The Plaintiffs, Anson Advisors Inc. and Moez Kassam, brought a motion for default judgment against Andrew Rudensky for defamation, seeking $500,000 in general damages and a permanent injunction.

Rudensky, who had been noted in default and had largely ignored the proceedings, appeared at the last minute to request an adjournment, which was denied.

The court found that the facts pleaded in the Amended Claim, deemed admitted by Rudensky's default, established the tort of defamation.

Considering the extensive and malicious nature of the online publications, the plaintiffs' professional standing, and the defendant's persistent and evasive conduct, the court awarded $450,000 in general damages and granted a permanent injunction to prevent further defamatory publications.

Costs were also awarded to the plaintiffs.

The Ontario Superior Court of Justice, Commercial List, addressed two issues in a case conference: a proposed motion by the defendants to amend their Amended Statement of Defence and Counterclaim, and a proposed anti-SLAPP motion.

The court granted leave to amend the pleading by consent.

However, the court declined to schedule the anti-SLAPP motion, finding it untimely given the action was nearly three years old and significant litigation steps had already occurred.

The court emphasized that anti-SLAPP motions are screening devices meant for early stages, not surrogates for summary judgment or trial, and that the evidence relied upon for timeliness was available much earlier.

The parties were directed to agree on a case management timetable to prepare for trial.