3 total
The court granted the defendants' anti-SLAPP motion and dismissed the plaintiffs' libel action arising from a lawyer's letter sent during a proxy contest.
An anti-SLAPP motion brought by directors of MediPharm Labs Corp. to dismiss a libel action arising from a lawyer's letter sent during a proxy contest.
The letter, authored by counsel and approved by the defendants, raised concerns about the plaintiffs' solicitation activities, potential securities law violations, and market manipulation.
The court found the expression related to matters of public interest, the plaintiffs failed to establish substantial merit to their claim, and the defendants had valid defences including qualified privilege, fair comment, responsible communication, and truth.
The motion was granted and the claim dismissed.
The court converted a complex shareholder oppression application into an action due to credibility disputes.
This decision concerns two related shareholder applications under section 241 of the Canada Business Corporations Act involving SpassMed Inc. and its affiliates.
The court reviews the procedural history, including consolidation of the applications, amendments to the relief sought, and the appointment of an interim monitor.
Due to significant disputes of fact and credibility, the court orders that the consolidated application be converted to an action to allow for a full trial process.
Leave to amend a counterclaim to add new parties is denied due to the expiry of the limitation period, but leave to add new causes of action based on existing pleaded facts is granted.
Mr. Langstaff, a defendant and plaintiff by counterclaim, moved to amend his counterclaim to add three senior managers of the corporate plaintiffs (Senior Management) as parties, increase exemplary damages, and add claims for defamation, unlawful means, and intrusion upon seclusion.
The motion was opposed on the basis that the proposed amendments were out of time due to limitation periods.
The court denied leave to add Senior Management as parties, finding that the material facts supporting their personal liability were known to Mr. Langstaff by January 2018 or September 2019, and thus the limitation period for adding parties had expired.
However, the court granted leave to increase exemplary damages and to add the new causes of action (defamation, unlawful means, intrusion upon seclusion) against the existing defendants, as the material facts for these claims were already pleaded within the limitation period.
