Jessica Pei

The Court of Appeal dismissed an appeal by Unit Precast (Breslau) Ltd. and a cross-appeal by Click+Clean GmbH.

Unit Precast appealed the striking out of its claims for conspiracy and intentional interference with contractual relations, and claims asserted personally against Lars Bergmann, arguing the motion judge erred in failing to recognize its business as part of RH20 North America Inc.'s.

Click+Clean GmbH cross-appealed the dismissal of its motion to stay the action in favour of arbitration, contending the motion judge erred in finding the arbitration agreement inoperative.

The Court of Appeal upheld the motion judge's decision, finding Unit Precast's claims were not adequately pleaded and that Click+Clean GmbH waived its right to arbitrate by seeking substantive relief (motion to strike) from the court.

The Plaintiffs brought a motion for discovery of documents from the City of Greater Sudbury and interveners in advance of cross-examinations on affidavits for a pending interlocutory injunction motion.

The Plaintiffs sought documents related to the City's alleged bad faith and unfair treatment towards them, particularly in comparison to how the City dealt with their neighbours (the interveners).

The court found that allegations of bad faith or unfair treatment were not relevant to the pleaded causes of action (negligence, negligent misrepresentation, estoppel) or the criteria for injunctive relief as currently framed in the Statement of Claim.

Consequently, the request for documents pertaining to the neighbours' properties (1380 Keast Drive and 1366 Keast Drive) was dismissed.

However, the court ordered the City to produce records of communications related to the Plaintiffs' own permit applications and construction at 1377 Keast Drive, finding these relevant.