Ian J. Perry

The plaintiffs, employees of the University Health Network, brought an urgent motion for an interim injunction to prevent their termination for refusing the COVID-19 vaccine.

The defendants raised significant jurisdictional issues, arguing the court lacked jurisdiction over unionized employees.

The court granted a short-term interim order preserving the status quo for the named plaintiffs and specific individuals until a proper hearing on the jurisdictional issues could take place, noting the potential for irreparable harm if the employees were compelled to take the vaccine against their will.

Karen Deer initiated an action against RBC Dominion Securities Inc. and others, alleging unauthorized margin account activity.

She issued a Notice of Action but failed to file a Statement of Claim within the prescribed 30 days, leading to the presumptive expiry of a limitation period under the Securities Act.

Deer moved to extend the time for filing her Statement of Claim and validate its service.

RBC opposed, arguing non-compensable prejudice due to the loss of a limitations defence.

The court granted Deer's motion, finding a reasonable explanation for the delay and no actual prejudice to RBC, emphasizing the policy of adjudicating cases on their merits over strict adherence to procedural rules when no substantive prejudice exists.

The applicant sought an injunction to restrain the respondents from operating a parking lot, alleging a violation of a zoning by-law.

The respondents claimed a valid appeal against the Citywide By-law with the Local Planning Appeal Tribunal, which would allow them to continue operating under the previous zoning.

The court found that the validity of the appeal and the respondents' standing were matters within the exclusive jurisdiction of the Local Planning Appeal Tribunal, not the Superior Court.

Consequently, the court declined to grant the injunction and adjourned the application sine die, allowing the applicant to pursue remedies before the Tribunal.

The applicant tenant brought an application for a declaration that the respondent landlord unlawfully terminated its commercial lease for a parking lot.

The landlord had posted a Notice of Termination alleging the tenant abandoned the premises.

The court found that the landlord's notice did not comply with s. 19(2) of the Commercial Tenancies Act because it failed to provide the tenant with a reasonable opportunity to remedy the alleged breach or make compensation.

Consequently, the court declared the termination of the lease invalid.

The applicant brought an application to delete a temporary restraining order and caution on a property.

The court previously allowed the property to be sold, with $200,000 held in trust pending further submissions.

The court found that the respondent owed more on the mortgages than the property was worth, and the sale proceeds were insufficient to satisfy the amounts owing to the applicant.

The court ordered the $200,000 released to the applicant.

The defendant vendor brought a motion to stay an action commenced by the plaintiff purchasers, arguing that the dispute, concerning the termination of an agreement of purchase and sale due to the alleged incomplete state of a new home, fell under a mandatory arbitration clause.

The plaintiffs opposed, contending that the defendant had waived its right to arbitration by pleading to the action, unduly delayed bringing the motion, and that the matter was suitable for summary judgment.

The court found that the dispute fell within the arbitration clause, the defendant had not unduly delayed, and the matter was not appropriate for summary judgment due to significant factual disputes.

Consequently, the defendant's motion to stay the action was granted, and the plaintiffs' cross-motion for an adjournment to bring a summary judgment motion was implicitly dismissed.