Erin D. Farrell

The appellant appealed a judgment that found his refusal to transfer 33.15 shares in Futecan Canada Inc. to the respondent was oppressive and ordered the share transfer.

The central issue was the agreed-upon number of shares to be transferred.

The Court of Appeal found ample non-hearsay documentary evidence supported the application judge's finding that 33.15 shares were to be transferred, which would give the respondent a controlling interest and made commercial sense.

The appeal was dismissed, affirming the original judgment.

The appellants, a geneticist and his corporation, appealed a trial judgment dismissing their defamation action against the respondents for publishing an article in New Scientist magazine criticizing their prenatal paternity test as unreliable.

The trial judge found the respondents established the defences of justification, fair comment, responsible communication, and qualified privilege.

On appeal, the appellants abandoned their substantive grounds and raised a new allegation of reasonable apprehension of bias based on the trial judge's conduct and reasons.

The Court of Appeal dismissed the appeal, finding the bias allegation was raised tactically and lacked merit.

The defendant, Ikaria, brought a motion for security for costs.

The plaintiff agreed to post security, leaving only the quantum in dispute.

The defendant sought $244,636.81 up to mediation, while the plaintiff proposed $40,000.

The court found the defendant's estimate unreasonable and disproportionate, particularly regarding past motions, expert fees, and discovery attendance.

The court ordered the plaintiff to post security for costs in the all-inclusive amount of $100,000, payable in three tranches.

No costs were awarded for the motion.

The appellants appealed a summary judgment dismissal of their negligence claim against the City of Toronto arising from a fall on a sidewalk.

The appellant sustained injuries when her foot landed on a missing paving stone on a narrow strip adjacent to the concrete sidewalk.

The motion judge found that the City had availed itself of the statutory defences under section 42(3) of the City of Toronto Act, 2006, having undertaken reasonable steps to prevent the state of non-repair and having no knowledge of the defect.

The Court of Appeal upheld the dismissal and denied the motion for leave to appeal the costs award.

The moving defendant sought security for costs under Rule 56.01(1)(a) of the Rules of Civil Procedure on the basis that the plaintiff was ordinarily resident outside Ontario and had no assets within the jurisdiction.

The plaintiff opposed the motion, asserting impecuniosity and arguing that an order for security would prevent the claim from proceeding.

The court granted leave to bring the motion despite it being brought late after the action had been set down for trial.

However, the court accepted the evidence that the plaintiff lacked financial resources and would be unable to post security.

Applying the principle that meritorious claims should not be prevented from proceeding due to poverty unless plainly devoid of merit, the court dismissed the motion.