James Sullivan

The plaintiff, MM Fund, sought to dismiss its proposed securities class action against Excelsior Mining Corp. and its directors with prejudice and without costs.

The action, initially filed in British Columbia and then Ontario to preserve limitation periods, alleged misrepresentation in Excelsior's prospectus.

Citing prolonged procedural disputes, increased costs, and the absence of a substitute plaintiff, the plaintiff deemed the action no longer economically justified.

The court approved the dismissal, finding it warranted given the circumstances and the plaintiff's desire to cease pursuit.

The defendants in a proposed opioid class action moved to dismiss the proceeding for delay under s. 29.1 of the Class Proceedings Act, 1992.

In response, the plaintiff brought a cross-motion for a nunc pro tunc timetable order and commenced parallel proceedings in Manitoba.

The parties reached a settlement wherein the competing motions were dismissed without costs, the Manitoba proceedings would be discontinued, and the Ontario action would be deemed commenced on October 2, 2020, making it subject to the amended certification test under the Smarter and Stronger Justice Act, 2020.

The court approved the settlement and issued the consent orders.

Lafarge Canada Inc. proposed to build a concrete batching facility on waterfront lands owned by the Vancouver Port Authority (VPA).

The City of Vancouver and the VPA approved the project, but a ratepayers group opposed it, arguing Lafarge needed a City development permit.

The Supreme Court of Canada held that the VPA lands were not 'public property' under s. 91(1A) of the Constitution Act, 1867, but the project fell under federal jurisdiction over 'navigation and shipping' under s. 91(10).

The Court applied the doctrine of federal paramountcy, finding an operational conflict between the federal Canada Marine Act and the municipal zoning by-law, rendering the by-law inoperative to the extent of the conflict.