Katarina Wasielewski

The appellant entered into an Agreement of Purchase and Sale with a court-appointed receiver to purchase real estate.

The receiver brought a motion for approval and vesting.

However, late-breaking offers emerged, including one 37% higher than the appellant's offer.

The motion judge declined to approve the sale and instead ordered a six-day extension of the bidding process.

The appellant appealed, arguing the motion judge misapplied the principles from Royal Bank of Canada v. Soundair Corp. The Court of Appeal dismissed the appeal, finding the motion judge properly exercised discretion in reopening the auction process given the magnitude of the late offer and the receiver's alternative recommendation.

The court considered an application by Sherif Gerges and related entities for a Mareva injunction, a preservation order, and a production order regarding the proceeds of sale of certain real estate.

The court found that while there was a strong prima facie case, the requirements for a Mareva injunction and a preservation order were not met, as the funds in question had already been disbursed and were not readily identifiable.

The court also declined to order further production of documents at this stage.

Costs were fixed against the applicants.

This case involved a contractual dispute over a settlement agreement between pharmaceutical companies GSK and Pharmascience.

GSK claimed a stipulated payment from Pharmascience, alleging that a third-party generic manufacturer (Teva) had triggered a payment clause by entering the Canadian market.

The central issue was the interpretation of the term 'sale of its valacyclovir product in the Canadian market' within an exception clause, specifically whether it referred to ex-factory sales or downstream sales.

The court found that the term objectively meant ex-factory sales, considering the commercial context, the parties' control over sales, and the agreement's overall purpose.

Since Teva's ex-factory sales ceased within the 60-day period stipulated in the exception, the exception applied, and no payment was owed by Pharmascience.

The court dismissed GSK's action.

The plaintiff brought a motion on consent to certify a class proceeding against the defendant bank regarding its practice of charging multiple non-sufficient funds (NSF) fees on re-presented pre-authorized debit transactions.

The court reviewed the five-part test under section 5(1) of the Class Proceedings Act, 1992.

Finding that the pleadings disclosed a cause of action in breach of contract and unjust enrichment, and that the other criteria including an identifiable class and common issues were met, the court granted the consent certification order.