Ankita Gupta

The appellant, a foreign trustee based in Liechtenstein, appealed the dismissal of its motions to stay or dismiss two actions for lack of jurisdiction simpliciter or forum non conveniens.

The actions alleged that the principals of Bridging Finance Inc. misappropriated funds and transferred them to a trust managed by the appellant.

The Court of Appeal upheld the motion judge's finding that Ontario had jurisdiction simpliciter because the tort of fraud was committed in Ontario and contracts connected to the dispute were made in Ontario.

The appellant failed to rebut these presumptive connecting factors, and the appeal was dismissed.

This decision concerns motions by the Receiver for Bridging Finance Inc. and by BlackRock Funds to lift the stay of proceedings against Gary Man Kin Ng, a bankrupt, and to validate service of a Statement of Claim.

The court granted both motions, finding that the actions for fraud and fraudulent misrepresentation against Ng would not be discharged in bankruptcy, involved sufficient complexity, and required Ng as a necessary party.

The court also validated service of the Statement of Claim on Ng and the Ng Entities, as Ng had actual notice.

The decision reviews the legal test for lifting a bankruptcy stay and the requirements for validating service.

The decision addresses motions by First Trust Management AG, as Trustee of The Salus Rete Trust, to stay or dismiss two related actions on the basis that Ontario lacks jurisdiction or is not a convenient forum.

The court finds that the claims are adequately pleaded, that Ontario has jurisdiction simpliciter based on several presumptive connecting factors (including contracts made in Ontario and torts committed in Ontario), and that Ontario is the most appropriate and convenient forum for the actions.

The motions are dismissed.

The defendant trustee of a Liechtenstein trust moved to stay or dismiss two related Ontario actions alleging fraud and misappropriation of funds, arguing that Ontario lacked jurisdiction or was an inconvenient forum.

The plaintiffs resisted the motions, asserting that the funds used to settle the trust originated from Ontario and were transferred in breach of fiduciary duties.

The court found that Ontario had jurisdiction simpliciter because contracts connected to the dispute were executed in Ontario and the underlying torts of misappropriation occurred within the province.

The court also declined to stay the actions on the basis of forum non conveniens, concluding that Ontario was the most appropriate and efficient forum to resolve the claims.

The appellants, pharmaceutical manufacturers and distributors of opioid products, challenged the constitutional validity of s. 11 of British Columbia's Opioid Damages and Health Care Costs Recovery Act, which authorizes British Columbia to act as representative plaintiff in a class action on behalf of all federal, provincial, and territorial governments in Canada unless they opt out.

The majority held that s. 11 is intra vires, characterizing its pith and substance as a procedural mechanism under s. 92(14) of the Constitution Act, 1867 (Administration of Justice in the Province) that facilitates intergovernmental cooperation without creating or altering substantive rights.

The majority further found that s. 11 maintains a meaningful connection to British Columbia and respects the legislative sovereignty of other governments.

Côté J. dissented, finding that the pith and substance of s. 11 engages and derogates from property and civil rights of extra-provincial governments under s. 92(13), that no meaningful connection exists, and that ss. 11(1)(b) and (2) should be severed as ultra vires.

The plaintiff in a complex family trust dispute brought motions on the eve of trial for further documentary production, further examinations for discovery, and leave to amend her Statement of Claim.

The motions sought to introduce new allegations that the defendants covered up and settled claims of sexual misconduct against the family patriarch, Frank Stronach.

The court dismissed both motions, finding no evidence that the requested documents existed, that the new allegations were irrelevant to the pleaded claims of corporate mismanagement, and that amending the pleadings three weeks before a scheduled seven-week trial would cause non-compensable prejudice and delay.

The moving parties brought a motion for leave to appeal an order of Penny J. dated January 8, 2024.

The Divisional Court dismissed the motion for leave to appeal.

As no costs outline was filed, the court ordered no costs.

The plaintiff brought a proposed class action against numerous pharmaceutical manufacturers and distributors regarding the marketing and sale of opioids in Canada.

The defendants moved to strike the statement of claim for failing to disclose a reasonable cause of action, and one defendant, Pro Doc Limitée, moved to dismiss the action against it for lack of jurisdiction.

The court granted Pro Doc's jurisdiction motion, finding no real and substantial connection to Ontario.

The court struck the claims against the distributor defendants without leave to amend, finding no viable cause of action.

The court found that while there were viable causes of action against the manufacturer defendants for breach of the Competition Act, negligent misrepresentation, fraudulent misrepresentation, and failure to warn, the plaintiff's pleading was defective.

The court struck the claims against the manufacturer defendants with leave to amend to join representative plaintiffs for each defendant group and to comply with the rules of pleading.