Linda Shin

The plaintiffs moved for declarations that a law-firm partner had withdrawn from an interjurisdictional partnership, or alternatively for dissolution under the Partnerships Act, together with mandatory and injunctive relief over electronic devices, files, and trust-account records.

The motion arose from an alleged unilateral alteration of a class action settlement agreement that redirected class counsel fees and from broader allegations of self-dealing, lack of transparency, and withheld client files.

The court held the motion was, in substance, an attempt to obtain final relief akin to summary judgment before pleadings had closed, while material facts remained hotly disputed and related fee issues were simultaneously before the Alberta court.

Although the record raised concerns about possible fiduciary breaches, the court found a full trial was required and also found insufficient evidence of irreparable harm and no balance of convenience favouring effectively final injunctions.

The motion was dismissed.

The plaintiffs moved for summary judgment to enforce findings made in an earlier partition proceeding that the defendant owed repayment of excess property contributions and occupation rent.

The defendant argued the action was barred by res judicata, but the court held the claim sought enforcement of prior final findings rather than impermissible relitigation.

The court also rejected the defendant's late argument that a trial was needed on the existence of any loan agreement, noting the absence of responding evidence and the prior adjudication of the parties' intentions.

Finding no genuine issue requiring a trial, the court granted summary judgment for $85,743.80 and directed that the trust funds be distributed in conformity with the earlier reasons and this endorsement.