J. Fischer

The plaintiff and defendants were involved in a real estate partnership that was terminated.

The plaintiff obtained an interim interlocutory injunction restraining the defendants from certain actions, including using the partnership's name and social media.

The plaintiff brought a motion to continue the injunction and for a non-solicitation order.

The court found that the defendants had breached their partnership duties and failed to comply with the interim order.

Applying the RJR MacDonald test, the court granted the motion to continue the injunction and ordered non-solicitation.

The Estate Trustees applied to pass the accounts of the estate.

Two of the deceased's sons filed notices of objection, arguing that the Estate Trustees administered the estate incompetently, improperly claimed a management fee, and improperly paid certain expenses related to the family home.

One objector also claimed ownership of two rifles in the deceased's possession.

The court found little to no fault with the estate administration and approved the accounts, with the exception of disallowing the management fee because the estate consisted primarily of real estate requiring little management.

The court also ordered the return of the two rifles to the objector.

The defendant brought a motion to dismiss the plaintiff's action under the Construction Lien Act after the plaintiff's lien expired.

The court considered whether it had discretion under section 46 of the Act to allow the underlying contract claim to continue despite the expiry of the lien.

Following appellate authority, the court found it had discretion to permit the contract action to proceed to avoid a multiplicity of proceedings.

The court exercised its discretion to allow the action to continue on terms, finding no irremediable prejudice to the defendant and favouring the resolution of disputes on their merits.