Kelli Day

The moving party sought to quash an appeal and dismiss a related motion for leave to appeal on jurisdictional grounds.

The Court of Appeal determined it lacked jurisdiction to hear the appeal, applying principles from *Iris Technologies Inc. v. Rogers Communications Canada Inc.*, which held that under s. 17(9) of the *Arbitration Act, 1991*, there is no further right of appeal from a Superior Court judge's decision reviewing an arbitrator's preliminary jurisdictional ruling.

The Superior Court had overturned an arbitrator's decision regarding the validity of a lease and its arbitration clause.

Consequently, both the appeal and the motion for leave to appeal were quashed.

The plaintiff, CPOS Inc., brought a motion for an injunction to compel the defendant, Brandon Hwon Munn Fong, to return and have confidential information professionally wiped from his electronic devices by a third party.

CPOS abandoned its claim of improper solicitation.

The court ordered Fong to describe and delete the documents himself, rejecting CPOS's request for third-party wiping.

This decision addresses the costs of that motion.

Fong sought substantial indemnity costs, arguing CPOS's motion was heavy-handed and unsuccessful on the key issue.

CPOS argued its conduct was not improper and the relief granted was more robust than Fong's offers.

The court found Fong substantially successful on the main issue of the wiping method.

Considering factors under Rule 57, including success, claims, complexity, and offers to settle, the court ordered CPOS to pay Fong costs on a liberal partial indemnity basis.

The plaintiff, CPOS Inc., brought a motion seeking an order to compel the defendant, Brandon Hwon Munn Fong, to return and professionally wipe confidential information from his personal devices and email account.

The defendant agreed to search and delete the information but objected to an independent consultant performing the search.

The court dismissed the plaintiff's motion, finding no evidence of misuse of information by the defendant and stating that a detailed search of personal devices should not be ordered based on suspicion or speculation.

The court emphasized that such intrusive orders are reserved for exceptional circumstances with convincing evidence of intentional deletion of relevant information.

The court ordered the defendant to provide an affidavit listing documents, produce them upon request, and then delete them.

The applicant successfully challenged an arbitrator's preliminary ruling on jurisdiction, with the court declaring an alleged lease invalid due to a forged signature.

The applicant sought costs on a substantial indemnity basis for the court application and the jurisdiction motion before the arbitrator.

The court found that the respondents engaged in reprehensible conduct, including submitting falsified evidence, altering documents, and making bad faith allegations.

Consequently, the court awarded the applicant substantial indemnity costs fixed at $342,230.24.

The applicant challenged an arbitrator's preliminary ruling that an arbitration clause in an alleged lease agreement was valid.

The applicant claimed his signature on the lease was forged.

The court determined that under s. 17(8) of the Arbitration Act, 1991, the application was a hearing de novo.

After assessing lay and expert evidence, including handwriting and ink dating experts, the court found the respondents failed to prove on a balance of probabilities that the applicant signed the lease.

The court declared the lease and its arbitration clause invalid and set aside the arbitrator's ruling.

Following the dismissal of the plaintiff's action under Rule 21, the defendants sought their costs on a substantial indemnity basis.

The plaintiff had made sweeping, unproven allegations of fraud, theft, and professional misconduct against the defendants.

The court found that these unfounded allegations warranted elevated costs to sanction the plaintiff's reprehensible conduct.

Additionally, two defendants had made offers to settle that the plaintiff failed to accept, further justifying substantial indemnity costs.

The court ordered the plaintiff to pay the defendants' costs totaling $58,474.91.

The self-represented plaintiff brought an action against her former landlord, a real estate agent, a paralegal, her former spouse, and the Ottawa Police Service, alleging an 'eviction scam' that resulted in the loss of her personal property.

The defendants brought Rule 21 motions to strike the claim and dismiss the action.

The court granted the motions, finding that the Landlord and Tenant Board had exclusive jurisdiction over the core dispute, the claims against the real estate agent were statute-barred, and the pleadings failed to disclose any reasonable cause of action against any defendant.

The action was dismissed as frivolous and vexatious against the paralegal and former spouse, and the claim was struck in its entirety without leave to amend.

The appellants appealed a summary judgment that dismissed their action against one of the individual defendants, Paolo Messina, following an altercation at a waterpark where two minor appellants were assaulted.

The Court of Appeal found that the motion judge made several errors of law and fact, including improperly reversing the onus of proof, failing to draw an adverse inference from the respondent's failure to file an affidavit, and relying on inadmissible hearsay evidence.

The court emphasized that the moving party bears the initial evidentiary burden in summary judgment motions and reiterated the caution against granting partial summary judgment due to the risk of inconsistent findings.

The appeal was allowed, the summary judgment set aside, and the motion dismissed.