Gary Michael Caplan

This endorsement addresses multiple ongoing proceedings involving Nadire Atas, providing case management directions.

Key issues include Ms. Atas's late filing of an agenda, the transfer of personal property from a storage locker, the continuation of various claims against the Chahals and Sutton Group Realty, the management of three defamation actions (including pleadings, counterclaims, and injunctions), and the resolution of mortgage enforcement costs for Peoples Trust.

The court also addresses collateral attacks on previous judgments and outstanding solicitors' fees.

A significant directive is issued regarding Ms. Atas's access to transcripts, conditional on a payment towards outstanding costs owed to Peoples Trust due to her history of non-payment.

Following the dismissal of two libel actions arising from statements made during a municipal election campaign, the successful defendants sought costs on a full indemnity basis.

They argued the actions were strategic lawsuits against public participation and constituted an abuse of process intended to interfere with the political process.

The court rejected the abuse of process allegation, finding the plaintiff was entitled to pursue legal remedies during an election campaign and that the evidence did not establish a political motive or distortion of the electoral process.

Adverse credibility findings against the plaintiff and litigation conduct did not justify elevated costs.

The court awarded partial indemnity costs, emphasizing proportionality, the public interest issues involved, and reasonable expectations of the unsuccessful party.

The applicant corporation sought orders under the Securities Act and the Business Corporations Act to restrict certain shareholders from voting shares allegedly acquired in breach of early warning reporting requirements, to declare that a shareholder rights plan “flip‑in event” had occurred, and to invalidate a dissident proxy solicitation ahead of an annual general meeting.

The court declined to address the alleged early warning breach because the matter was already the subject of an ongoing Ontario Securities Commission investigation and had previously been withdrawn from related litigation.

Even if a breach had occurred, the court held that the discretionary remedy of prohibiting voting rights would not be appropriate given the circumstances and absence of harm to the market or shareholders.

The court also found no evidence that the respondents acted jointly or in concert in organizing the proxy solicitation or that the circular was misleading under applicable securities and corporate law regulations.

The application was dismissed.