Jessica Warwick

The applicant, Jennifer Carr, President of the Professional Institute of the Public Service of Canada (PIPSC), brought an oppression application under the Canada Not-for-profit Corporations Act against the directors (respondents) for placing her on "administrative leave" with pay.

Carr argued this was an effective suspension, contrary to PIPSC's By-laws, Policies, and the CNFPCA, and that she was denied procedural fairness.

The respondents argued it was a non-disciplinary administrative leave to protect investigations into Carr's conduct and that their actions were justified by the business judgment rule.

The court found that the administrative leave was functionally equivalent to a disciplinary suspension, breached Carr's reasonable expectations, and constituted oppressive and unfairly prejudicial conduct.

The court quashed the motion for administrative leave and reinstated Carr to her position.

The moving parties sought a review of a motion judge's order that dismissed their request for an extension of time to file a notice of appeal.

The underlying appeal was from an order striking out their statement of claim.

The Court of Appeal found no error in the motion judge's application of the test for an extension of time, agreeing that there was no apparent merit to the appeal and that granting an extension would prejudice the responding parties.

The Court noted that the Brampton action, which was struck, appeared to be an improper attempt to circumvent rulings made in prior Ottawa actions.

The motion for review was dismissed.

The moving parties sought an order extending the time to file a notice of appeal of a Superior Court decision that struck their statement of claim.

The Court of Appeal denied the motion, finding that the proposed appeal lacked merit and that granting the extension would cause ongoing prejudice to the responding parties due to the scandalous and vexatious nature of the allegations, which included conspiracy theories against lawyers, expert witnesses, court staff, and judges.

The court emphasized that the justice of the case did not warrant an extension given the lack of arguable grounds and the vexatious nature of the litigation.

The plaintiff set the action down for trial and counsel attended trial scheduling court to fix a date.

The judge convened a case conference and determined that the action, commenced in 2014 regarding a construction dispute, was not ready for trial.

Interlocutory steps including undertakings, potential refusal motions, and expert reports were incomplete, and a companion action had sat dormant.

The judge struck the action from the trial list, directing counsel to return only when the matter is truly ready for trial.

Following a successful motion for summary judgment by the defendants, the court determined the quantum and scale of costs.

The defendants sought $97,599.95 in substantial indemnity costs, relying on a Rule 49 offer to settle.

The court found the offer was valid and the plaintiff fared less favourably, justifying costs on a higher scale.

However, noting the lack of complexity and the principle of proportionality, the court fixed costs at $45,000 inclusive of HST and disbursements.

The defendants, CP REIT Ontario Properties Limited and Arcturus Realty Corporation, brought motions for summary judgment to dismiss the plaintiff's claim under the Occupiers' Liability Act.

The plaintiff was struck by a car in a shopping plaza managed by the defendants.

The court considered conflicting expert opinions regarding site safety and pedestrian "desire lines," and the impact of a jury notice on summary judgment motions.

The court found that a genuine issue for trial existed, as a reasonable jury, properly instructed, could find the defendants liable for breaching the Occupiers' Liability Act.

Consequently, the motions for summary judgment were dismissed.