George Pakozdi

Following the successful dismissal of the plaintiffs' defamation action under the anti-SLAPP provisions of the Courts of Justice Act, the moving parties (defendants) sought full indemnity costs totalling over $1.1 million.

The court awarded full indemnity costs as requested, subject to a reduction for the costs of non-active counsel, clerks, or students.

The court also apportioned liability, finding one plaintiff jointly and severally liable only for costs related to the OMA dispute, while the other plaintiff was solely liable for costs related to the COVID-19 dispute.

The plaintiffs, two physicians, brought a $12 million defamation action against over 20 defendants, including other physicians, journalists, and media organizations.

The claims arose from two main disputes: an internal Ontario Medical Association (OMA) dispute and public criticism of the plaintiffs' controversial tweets regarding COVID-19, in which they opposed vaccines and lockdowns and promoted hydroxychloroquine.

The defendants brought anti-SLAPP motions under s. 137.1 of the Courts of Justice Act.

The court found that the defendants' expressions related to matters of public interest and that the plaintiffs failed to show their claims had substantial merit or that the defendants lacked valid defences, such as fair comment and qualified privilege.

The court also found that the public interest in protecting the defendants' expressions far outweighed any harm suffered by the plaintiffs.

The action was dismissed against all defendants.

Following a successful motion by the defendants to stay the proceedings in favour of arbitration, the defendants sought costs on a substantial indemnity scale, arguing that a letter demanding the plaintiff discontinue the action constituted a Rule 49 offer.

The court held that the letter did not contain a genuine compromise and therefore did not attract substantial indemnity costs.

The court awarded the defendants partial indemnity costs in the amount of $43,805.72, finding the amount reasonable for a stay motion involving considerable legal research.

The defendants moved to stay the plaintiff's action for breach of a franchise development agreement, relying on an arbitration clause specifying Chicago as the venue.

The plaintiff opposed the stay, arguing that the defendants had no real presence in Chicago and that the forum was inconvenient and artificial.

The court granted the stay, applying the competence-competence principle and holding that in the era of virtual hearings, traditional forum non conveniens arguments are largely obsolete, as all locations are equally accessible online.

The defendants brought motions to strike the plaintiffs' statement of claim under rules 21.01 and 25.11 of the Rules of Civil Procedure.

The plaintiffs, a home builder and its principal, alleged various torts and statutory breaches against Tarion Warranty Corporation, several municipalities, CTV News, and a public health authority, claiming hundreds of millions of dollars in damages.

The court found the 40-page statement of claim to be unwieldy, repetitive, and deficient in pleading the necessary material facts for the alleged causes of action.

The court struck the statement of claim in its entirety, dismissing claims based on criminal statutes, the Competition Act, the Security of Information Act, intentional interference with economic relations, discrimination, and harassment without leave to amend.

However, the court granted the plaintiffs leave to move for an order permitting them to deliver a fresh statement of claim restricted to specific causes of action, including injurious falsehood, inducing breach of contract, civil conspiracy, and negligence, provided they can properly plead the required material facts.

The applicant commercial tenant sought a permanent injunction and relief from forfeiture after being locked out by the respondent landlord.

The landlord had terminated the lease due to the tenant's failure to remedy a persistent mould issue that was affecting an adjacent unit.

The court found that the tenant had not acted diligently or in good faith to repair the issue despite numerous opportunities.

The court dismissed the application for an injunction, finding the tenant barely established a serious issue to be tried, failed to show irreparable harm, and the balance of convenience favoured the landlord.

The court also denied relief from forfeiture due to the tenant's poor conduct and failure to come to court with clean hands.

The plaintiff sought approval of a revised settlement in a class action regarding unpaid bank overtime.

The original settlement's claims process encountered difficulties, leading to a revised agreement where the defendant bank would pay an additional $20.6 million, bringing the total payout to $39.3 million.

The court approved the revised settlement, finding it fair, reasonable, and in the best interests of the class, despite some objections regarding the compensation bands.

The court also approved $2.3 million in legal fees for class counsel.