Kevin Charles Bunt

In the context of ongoing CCAA proceedings, the applicants and various equipment financiers reached an impasse regarding the wind-down plan and a proposed going-concern sale of the logistics business.

The applicants sought a monetization order, an increase in the administration charge, and lien regularization, which were unopposed and granted by the court to maintain operations.

Due to significant disputes over the sale and liquidation of assets, the court adjourned the contested motions, including several lift-stay motions brought by creditors, and ordered the parties to attend mandatory mediation before a former Commercial List judge.

Three sets of defendants brought motions for summary judgment to dismiss the plaintiffs' claims arising from a 30-vehicle winter highway pileup.

The court granted the motion for one defendant (Seney), finding his vehicle was far removed from the main collision and did not contribute to the plaintiffs' injuries.

However, the court dismissed the motions for the other two defendants (Gill and McCallum), holding that while the case against them was not strong, granting partial summary judgment posed a significant risk of inconsistent verdicts at trial, as a jury could still apportion liability to them for allegedly blocking escape routes.

The plaintiffs in two related actions arising from a motor vehicle accident sought to add a new defendant, the host of a wedding reception, after the presumptive two-year limitation period had expired.

The proposed defendant resisted the motion, arguing the plaintiffs knew or ought to have known of his potential liability earlier.

The court granted the motion to add the defendant, holding that the issue of discoverability should be determined on a proper evidentiary record at trial rather than at the pleadings stage, and noted the proposed defendant could plead the limitation period as an affirmative defence.

Supplementary reasons addressing an outstanding refusal arising from an examination for discovery in a civil action involving a leased vehicle.

The disputed question asked how profit was calculated by the dealership on a leased vehicle.

The court held that while the exact profit earned by the dealership was not directly relevant, the method of calculating profit was relevant to issues concerning ownership, control of the vehicle, and the financial relationships among the dealer, financing company, and manufacturer.

Given the surrounding evidence about the assignment of the lease and payments made, the answer was necessary to understand prior discovery evidence and documents produced.

The witness was therefore required to answer the question regarding how profit is calculated.