2 total
Motion adjourned due to procedural deficiencies and poorly organized materials; interim interim relief granted.
The applicants brought a motion for various relief including reconstituting the board of directors of AMPERe and piercing the corporate veil.
The respondents brought a cross-motion for injunctive relief and damages.
The court adjourned the motion due to procedural deficiencies, including poorly organized materials, lack of notice to affected non-parties, and insufficient time scheduled for the hearing.
The court ordered an urgent case conference and granted interim interim relief restraining all parties from dealing with the company's property without consent.
Appeal allowed; res judicata does not apply to parties who only participated as witnesses in prior proceedings.
The appellants appealed a decision applying the doctrine of res judicata based on prior CCAA proceedings.
The Court of Appeal allowed the appeal, finding that the appellants were neither parties nor privies in interest to the prior proceedings.
The court noted that the appellants only participated as witnesses and that respondents' counsel had previously indicated that findings in the CCAA proceedings would not affect proceedings against other parties.
