G.R. Strathy

The applicant, charged with second degree murder, applied under s. 680(1) of the Criminal Code for a review of a decision denying him bail pending trial.

He argued that a new release plan and the COVID-19 pandemic constituted material changes in circumstances.

The motion judge dismissed the application, finding no material error in the second bail judge's conclusion that the new release plan did not address the primary and secondary grounds for detention, and that the evidence regarding the pandemic's impact on the applicant was insufficient to constitute a material change.

The appellant appealed a summary judgment dismissing his $2,000,000 copyright infringement action against the respondent transit commission.

The appellant claimed copyright over transit route maps based on an unpublished U.S. copyright registration.

The Court of Appeal rejected the respondent's preliminary objection that the appeal belonged in the Divisional Court, noting the claim amount exceeded $50,000.

The Court upheld the motion judge's findings that there was no originality in the appellant's maps and no evidence the respondent used them, dismissing the appeal.

The appellant, a private informant, laid an information against his ex-wife.

At the scheduled pre-enquete, before any evidence was heard, the Crown directed a stay of proceedings under s. 579(1) of the Criminal Code.

The appellant applied to the Superior Court to set aside the stay, but the motion judge summarily dismissed the application under Rule 34.02 of the Criminal Proceedings Rules, finding no reasonable prospect of success.

The Court of Appeal dismissed the appeal, affirming that the Crown has the authority to enter a stay at the outset of a pre-enquete and that prosecutorial discretion is only reviewable for abuse of process, which was not established here.

The accused was charged with multiple offences, including armed robbery, following the robbery of a convenience store.

The store owner and a bystander chased the two robbers to a subway station, where police arrested the accused and a co-accused in possession of the stolen goods and a weapon.

The accused denied involvement, claiming they found the stolen items abandoned by the real robbers.

The court rejected the accused's testimony as fabricated, admitted the co-accused's videotaped KGB statement, and found the accused guilty based on the continuous chain of observation, physical evidence, and consciousness of guilt.

The applicants, jointly charged with trafficking in cocaine, brought applications to stay the charges under s. 11(b) of the Charter, alleging unreasonable delay.

The total delay from arrest to trial was approximately 28 months.

The court applied the Morin framework and found that the institutional delay of 15 months was within acceptable limits, considering the inherent time requirements of a joint trial and the actions of the accused.

The court also found minimal prejudice to the applicants.

The applications for a stay were dismissed.

The plaintiff sought leave to commence a secondary market misrepresentation action under the Securities Act and to certify a class proceeding against the defendants for misrepresentation, conspiracy, and oppression.

The plaintiff alleged that the defendants fabricated a financial crisis by including a 'going concern' note in the company's financial statements to artificially depress the share price, allowing insiders to acquire shares cheaply.

The court dismissed the motion for leave, finding no reasonable possibility of success at trial, as the financial disclosures were factual, required by GAAP, and made after reasonable investigation.

The court also refused to certify the conspiracy claim due to a lack of factual basis and struck the oppression claim, ruling that the Ontario Superior Court lacked subject-matter jurisdiction over an oppression remedy under the British Columbia Business Corporations Act.

The plaintiffs sought leave under s. 138.3 of the Securities Act and certification under the Class Proceedings Act to pursue a class action against CIBC and its senior officers for alleged secondary market misrepresentations concerning CIBC's exposure to the U.S. residential mortgage market.

The court found that the plaintiffs met the test for leave and certification for the statutory claim.

However, applying the Court of Appeal's recent decision in Sharma v. Timminco Limited, the court held that the statutory claim was time-barred because leave was not obtained within the three-year limitation period under s. 138.14 of the Securities Act.

Consequently, both motions were dismissed.

The defendants brought motions for summary judgment to dismiss the plaintiff's putative class action regarding a leveraged charitable donation program, arguing the claim was statute-barred.

The plaintiff alleged he relied on the defendants' tax opinions to participate in the program, which the CRA later disallowed.

The court dismissed the motions, finding a genuine issue for trial regarding when the plaintiff discovered his claim, particularly given the ongoing solicitor-client relationship with the defendant law firm that was representing him against the CRA while potentially in a conflict of interest.

In the ongoing administration of the estate of John Kaptyn, the estate trustees (Henry and Simon Kaptyn) and beneficiaries brought multiple motions due to their inability to agree on routine matters.

Henry sought the return of retained earnings from a corporation, which the court dismissed as res judicata and an abuse of process due to a prior consent judgment.

The court also addressed the timing of a $1 million compensation payment and directed the parties to confer and agree on the form of indemnification and share pledge agreements required for the distribution of estate assets to the grandchildren, warning of costs consequences for unreasonable delay.

The plaintiffs, Tim Hortons franchisees, brought a proposed class action against the franchisor alleging breach of contract, breach of the duty of good faith and fair dealing, unjust enrichment, and breaches of the Competition Act.

The claims centered on the franchisor's requirement that franchisees purchase par-baked donuts and Lunch Menu ingredients at allegedly commercially unreasonable prices.

The franchisor moved for summary judgment.

The court granted summary judgment dismissing all claims, finding that the franchisor had the contractual right to require the purchases and set the prices, and that there was no breach of the duty of good faith or the Competition Act.

The certification motion was therefore moot, though the court indicated it would have certified certain common issues had the claims survived.

The plaintiff brought a motion to certify a class action against the promoters, lawyers, and other entities involved in a charitable donation tax shelter scheme called the Donations for Canada Gift Program.

The Canada Revenue Agency had disallowed the charitable tax credits claimed by the participants, finding they lacked donative intent.

The defendants brought motions for summary judgment.

The court certified the action as a class proceeding, finding that the pleadings disclosed causes of action in negligence, negligent misrepresentation, fraud, conspiracy, breach of contract, and unjust enrichment.

The court dismissed the defendants' motions for summary judgment, concluding that a trial was required to fully appreciate the evidence and resolve the complex factual issues, including whether the contracts were vitiated by fraud.

The court issued an endorsement to settle the terms of a certification order in a securities class action, following the certification of conspiracy claims.

The defendants sought to exclude 'early sellers' from the class definition and challenged the class period dates.

The court declined to exclude early sellers, finding it premature as the scope of those entitled to relief for conspiracy was uncertain.

The court also approved the class period dates as they aligned with the plaintiff's theory of the case.

Finally, the court approved the plaintiff as a suitable representative for both primary and secondary market purchasers regarding the conspiracy claim.