Ian N. Roher

The applicant applied for judicial review of a decision by the Information and Privacy Commissioner ordering the disclosure of mediation and settlement materials.

The materials had been prepared for the mediation of ongoing litigation between the applicant and the respondent.

The Divisional Court granted the application, holding that the records were exempt from disclosure under both the common-law settlement privilege and section 19 of the Freedom of Information and Protection of Privacy Act.

The court emphasized that the public interest in encouraging settlement trumps the public interest in transparency of government action in these circumstances.

The appellant franchisee received a disclosure document from the respondent franchisor more than 14 days after paying a franchise fee, but six months before executing the franchise agreement.

Nearly two years later, the franchisee sought to rescind the agreement under the Arthur Wishart Act.

The Court of Appeal upheld the motion judge's finding that the franchisee had no right of rescission.

Section 6(2) applies only when no disclosure document is ever provided, and section 6(1) requires rescission within 60 days of receiving a late or deficient document, which the franchisee failed to do.

The appellant brought a motion to stay the execution of two writs of seizure and sale, pending an appeal of an order that refused to schedule her motion for a stay.

The underlying order was based on the appellant's failure to file material challenging her criminal conviction, which formed the basis of the respondent's summary judgment against her.

The Court of Appeal dismissed the motion, finding it lacked jurisdiction because the appealed order was interlocutory, not final.

The court also noted the appellant's history of alleging ineffective assistance of counsel and her failure to file the necessary materials to support her claims.

The appellant appealed a partial summary judgment granted in favour of the respondent bank, which was based on the appellant's criminal conviction for fraud relating to the same transactions.

The appellant sought to introduce fresh evidence alleging ineffective assistance by her civil and criminal counsel.

The Court of Appeal dismissed the appeal, finding no error by the motion judge and concluding that the fresh evidence lacked a credible basis.

The court held that allowing the appeal would permit an abuse of process by relitigating the summary judgment, the criminal conviction, and the criminal trial.