Efua Kwansima Gyan

An anti-SLAPP motion brought by directors of MediPharm Labs Corp. to dismiss a libel action arising from a lawyer's letter sent during a proxy contest.

The letter, authored by counsel and approved by the defendants, raised concerns about the plaintiffs' solicitation activities, potential securities law violations, and market manipulation.

The court found the expression related to matters of public interest, the plaintiffs failed to establish substantial merit to their claim, and the defendants had valid defences including qualified privilege, fair comment, responsible communication, and truth.

The motion was granted and the claim dismissed.

This is an appeal of a summary judgment order for specific performance of an agreement of purchase and sale (APS) of a cottage property.

The sellers (appellants) asserted the APS had terminated, refusing to close.

The buyers (respondents) sued and obtained specific performance.

The appellants argued the APS terminated on November 5, 2020, due to a consent to sever condition, or on December 22, 2020, due to a "finality clause" and Planning Act non-compliance.

The Court of Appeal dismissed the appeal, affirming the motion judge's findings that the severance condition was satisfied or waived by the sellers' lawyer's representations and the sellers' subsequent conduct.

The court also upheld that the sellers could not rely on the "finality clause" as they were in breach of their obligation to diligently obtain necessary consents under the Planning Act.

The transaction had already closed, and the property transferred to the buyers.