Erika Woolgar

The applicants sought coverage under a trade credit insurance policy issued by Export Development Canada (EDC).

EDC denied coverage due to underlying disputes regarding the receivables owed by the UD Group to Rutmet.

Rutmet and the UD Group brought motions to intervene in the application and consolidate it with their own actions.

The applicants brought a cross-motion to declare Rutmet and the UD Group vexatious litigants.

The court, on its own initiative, stayed the application pending the determination of the substantive disputes in ongoing foreign proceedings in Singapore and Dubai, finding that those jurisdictions had already been determined to be the appropriate forums.

Consequently, the motions to intervene and consolidate, as well as the cross-motion, were dismissed.

The defendants brought a motion to remove Norton Rose Fulbright Canada LLP as lawyers of record for the plaintiff, LaSalle Electrical Contractors Inc. Norton Rose also represented the third party, Jensen Building Ltd., in this action and a related construction lien action.

The defendants argued that Norton Rose was in a conflict of interest and could misuse confidential information obtained from the third party against the defendants.

The court granted the motion, finding a potential for conflict and mischief, and ordered Norton Rose removed as counsel for the plaintiff.

A cross-motion for consolidation and waiver of the implied undertaking rule was adjourned.

Export Development Canada (EDC) brought a motion to temporarily stay the respondent's application pending the resolution of a related action.

The respondent, a trade financing lender, sought a declaration regarding coverage under an export credit insurance policy issued by EDC.

EDC argued that the validity of a power of attorney, which was being challenged in the related action, needed to be determined first.

The court dismissed the motion, finding that EDC had delayed in taking its position, the related action was proceeding slowly, and a stay would cause significant prejudice to the respondent.