Ingrid Matckars

The plaintiffs, Home Coffee Solutions Ltd. and 2079162 Ontario Ltd., sought an interlocutory injunction against the defendants, their former business associates, alleging appropriation of work product, copying product descriptions, customer scooping, breach of fiduciary duties, and irreparable harm in a competing "home coffee solutions" e-commerce business.

The court, applying the RJR-MacDonald test, found that the plaintiffs failed to establish a strong prima facie case, irreparable harm, or that the balance of convenience favored them.

The court noted the lack of non-competition/non-solicitation agreements and the absence of evidence of actual or imminent misuse of confidential customer data, dismissing the motion for an injunction.

This is an appeal from a motion judge's order finding Henia Gefen lacked capacity to manage property or instruct counsel, appointing a litigation guardian and guardian of property, and removing her counsel.

The appellant, Harvey Gefen, challenged the findings of incapacity and the procedural validity of appointing a guardian of property by motion.

The Court of Appeal found no extricable legal error or palpable and overriding error in the motion judge's capacity assessment or the appointment of a neutral guardian.

The court also affirmed that a guardian of property can be appointed by motion within an application, rejecting the argument that a full application process is mandatory, emphasizing the liberal construction of the Rules of Civil Procedure.

The appeal was dismissed with costs.

The Court of Appeal for Ontario heard a motion for a stay of a lower court order pending appeal.

The lower court had appointed a litigation guardian and guardian of property for an incapable 100-year-old individual, removed her counsel, and ordered costs.

The moving parties (the incapable individual and her son) sought to stay this order.

The court applied the three-part test for a stay, finding no serious issue to be tried regarding the incapacity finding or the guardian's appointment, especially given prior findings of unconscionable procurement of assets by the son.

The court also found no irreparable harm would be suffered by denying the stay, as the appointed guardian is accountable to the court.

The balance of convenience favored allowing the lower court's order to take effect.

Consequently, the motion for a stay was dismissed.