3 total
Action dismissed as an abuse of process and statute-barred, save for a defamation claim granted leave to amend.
The defendants brought motions to strike the plaintiff's Fresh As Amended Statement of Claim and dismiss the action.
The plaintiff, a therapeutic counsellor, had previously sued the defendants in Small Claims Court and initiated various complaints regarding a fee-splitting and supervision arrangement.
The court found that the current action was an attempt to relitigate claims that had already been dismissed or settled, constituting an abuse of process.
Furthermore, the claims were statute-barred as they were discovered more than two years before the action was commenced.
The court dismissed all claims except for a defamation claim against one defendant, which was struck for lack of particularity but with leave to amend.
Court refuses injunction seeking to bar councillor from attending council pending election challenge.
A private elector brought a motion for an interim and interlocutory injunction restraining a municipal councillor from attending or voting at city council meetings pending an application challenging the validity of the councillor’s election on residency grounds.
The court applied the three‑part test for interlocutory injunctions from RJR‑MacDonald and found that although there was a serious question to be tried, the applicant failed to demonstrate irreparable harm.
The court also held that the balance of convenience favoured allowing the councillor to continue performing his duties, particularly given the public interest in municipal governance.
The requested injunction would effectively grant the ultimate relief sought prior to adjudication on the merits.
Court refused interim injunction barring councillor from attending or voting at council meetings.
The applicant sought an interim and interlocutory injunction restraining a municipal councillor from attending or voting at meetings of a city council.
The motion arose in the context of a dispute involving the councillor’s participation in municipal governance.
The court declined to grant the requested equitable relief.
The motion for injunctive relief was dismissed, with directions for the parties to provide written submissions on costs.