Joseph Hamaliuk

The moving party sought leave to appeal an order of the Superior Court of Justice.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $2,500 to the responding party.

The plaintiffs brought a motion for an interlocutory injunction to restrain the defendants, including a former CEO, from attending within 500 metres of their premises or communicating with staff, and for leave to amend their Statement of Claim.

The court granted the unopposed request to amend the pleadings.

However, the court dismissed the request for injunctive relief, finding that the injunction was not anchored to any pleaded cause of action such as trespass or intimidation.

Furthermore, even if trespass had been pleaded, the plaintiffs failed to establish irreparable harm under the RJR-MacDonald test.

The moving parties sought leave to appeal three interlocutory orders made by the case management judge.

The Divisional Court dismissed the motion for leave to appeal the order for production of documents, awarding costs to the responding parties.

The court granted leave to appeal the order requiring an assessment of capacity to instruct counsel and stayed that order pending the appeal.

The motion for leave to appeal the suspension of counsel's appointment pending the assessment was dismissed.

The plaintiff, an aluminum scrap brokerage, sought an urgent interlocutory injunction to restrain a former employee from competing against it.

The plaintiff alleged the employee breached fiduciary duties and a restrictive covenant in his employment agreement.

The court dismissed the motion, finding the plaintiff failed to establish a strong prima facie case.

The employee was not a fiduciary because the plaintiff was not peculiarly vulnerable to him, as deals in the industry are driven by price rather than relationships.

Furthermore, the restrictive covenant was an overly broad and unenforceable non-competition clause.

The plaintiff also failed to prove irreparable harm, and the balance of convenience favoured the employee.