Joshua J.A. Henderson

The applicant political party brought an application and motion for an interlocutory injunction against the respondent member and his campaigns, alleging unauthorized use of the party's confidential membership list to send emails criticizing the party leader.

The respondents brought a cross-motion to dismiss the application under the anti-SLAPP provisions of the Courts of Justice Act.

The court granted the anti-SLAPP motion, finding that the proceeding arose from expression on a matter of public interest (political debate), the applicant failed to show its claims had substantial merit and no valid defence existed, and the public interest in protecting the expression outweighed the public interest in allowing the proceeding to continue.

The action was dismissed.

Following a jury trial in a motor vehicle accident action, the jury awarded the plaintiff $10,000 in general damages but no other damages.

Because the statutory deductible under the Insurance Act exceeded the award, the resulting judgment was effectively zero dollars.

The defendant had previously offered to settle for $5,000, which in practical effect was also equivalent to zero after the deductible.

Both parties sought partial indemnity costs and argued the Rule 49 consequences of the offers to settle.

The court held that both the offer and the trial result were artificially characterized as monetary outcomes when in reality each amounted to zero recovery.

Exercising its discretion under the Rules of Civil Procedure and the Courts of Justice Act, the court ordered that neither party recover costs.

The subcontractor defendant moved for summary judgment dismissing a negligence action arising from the collapse of a partially constructed riding arena.

The subcontractor argued it was an unnamed insured under the owner’s builder’s risk policy and that the policy’s waiver of subrogation barred the insurer’s subrogated claim.

The court held that the evidentiary record was insufficient to determine whether the subcontractor was an unnamed insured and whether the contractual matrix supported a waiver of subrogation.

The absence of evidence regarding contractual risk allocation and the defendants’ own insurance policies created genuine issues requiring a trial.

The motion for summary judgment was dismissed and the claim was permitted to proceed.