James Douglas Stewart Bowie

The plaintiff, 11123688 Canada Limited o/a Onion Auto Centre, sought a mandatory interlocutory order to regain possession of business premises from the defendants, who had unilaterally changed the locks.

The motion was brought in an intended action without a formal statement of claim.

The court dismissed the motion, finding the evidentiary record insufficient to establish irreparable harm or to properly weigh the balance of convenience under the American Cyanamid test.

The court noted the absence of required undertakings and detailed financial evidence.

An order was made for the preservation and return of the plaintiff's personal property.

Paolo Messina sought summary judgment to dismiss the claim against him, arguing the plaintiffs lacked evidence of his involvement in an alleged assault at Calypso Theme Waterpark.

The court found Messina could not rely on his own discovery transcript without the plaintiffs' consent, as it would prevent comprehensive cross-examination.

Despite this, the court granted summary judgment, concluding the plaintiffs failed to provide sufficient evidence identifying Messina as an assailant and could not rely on the prospect of future evidence.

The decision emphasized the "put your best foot forward" principle for responding parties on summary judgment motions.

Messina's crossclaim and counterclaim were to be discontinued.

The applicant, Lachlan MacGregor, sought a stay of proceedings under s. 24(1) of the Charter, alleging a breach of his s. 7 and s. 12 Charter rights.

The breach arose from police administering a taser in drive stun mode to his thigh after he was arrested, handcuffed, and not demonstrating violence, while exhibiting signs of impairment.

The court found that the force used was unreasonable and excessive, constituting a breach of s. 7 and s. 12 of the Charter.

However, the court declined to grant a stay of proceedings, determining that the case did not meet the 'clearest of cases' threshold required for such a drastic remedy, as there was no prejudice to the accused's right to a fair trial and alternative remedies existed.

The applicant creditors sought to continue an application for a bankruptcy order against the debtor, The Quiet Voice Productions Inc., after abandoning a partially argued motion.

The debtor had filed a Notice of Intention to Make a Proposal.

The court declined to hear the bankruptcy application immediately due to time limitations and the applicants' failure to allow previously ordered cross-examinations on affidavits.

The court issued orders to manage the proceedings, including directions for the proposal vote, future hearings for the bankruptcy application or proposal approval, and completion of cross-examinations, while also freezing the debtor's funds.