Laura Brazil

The plaintiff brought a motion to examine representatives of two non-party corporate shareholders (Lake and JLA) under Rule 31.03(8), arguing the action was being defended for their immediate benefit due to an indemnification agreement and litigation accrual fund.

The plaintiff also sought a further and better affidavit of documents.

The court found that the non-parties had a direct financial interest in the outcome and were beneficial parties.

The court ordered the examinations of the non-parties' principals, limited to 10 hours total, and ordered the defendant to serve a further and better affidavit of documents.

The plaintiff brought a summary judgment motion for wrongful dismissal damages after being terminated without cause.

The employer argued the employment contract limited termination pay to base salary and required the plaintiff to sign a release to receive an enhanced lump sum.

The court found the contract language was not sufficiently clear to exclude the value of unvested Restricted Stock Units (RSUs) and bonuses from the notice period compensation.

The court also held it was unreasonable for the employer to withhold the lump sum payment because the plaintiff refused to sign a release while the compensation amount was in dispute.

Summary judgment was granted to the plaintiff for $427,891.18.

The plaintiffs brought motions for settlement approval and fee approval in several class actions alleging price-fixing in the automotive parts industry.

The court certified the actions against Yazaki and Chiyoda for settlement purposes.

The court approved settlements with Yazaki and Chiyoda totaling over $11 million, noting that class counsel provided supplementary evidence demonstrating that the settlement amounts fell within the zone of reasonableness.

The court also approved class counsel's 25 percent contingency fee request.

The defendant brought a motion seeking security for costs under Rule 56.01(1)(d) of the Rules of Civil Procedure, arguing there was good reason to believe the plaintiff lacked sufficient assets in Ontario to satisfy a potential costs award.

The court reviewed evidence including alleged asset transfers, a bonding company's security enforcement, delayed corporate filings, lien claims, and non-payment of previous costs orders.

The court held that the moving party failed to meet the required evidentiary threshold showing indicia of insolvency or corporate instability.

Much of the evidence was speculative, hearsay, or insufficient to establish asset insufficiency.

The motion for security for costs was dismissed.