Brittiny Rabinovitch

The appellants, Olympia Trust Company and William Loucks, appealed a motion judge's order discharging a second mortgage on property owned by the respondents.

The respondents had borrowed funds from First Swiss Mortgage Corp., which assigned the mortgage to Olympia as bare trustee.

When the respondents refinanced and paid out the mortgage to First Swiss, the discharge was never registered and First Swiss misappropriated the funds.

The motion judge found that First Swiss was acting as Olympia's agent in receiving the payout and discharging the mortgage based on the terms of agreements between First Swiss and Loucks and the course of dealings between the parties.

The Court of Appeal upheld this finding, dismissing the appeal and awarding costs to the respondents.

This decision addresses three motions in the receivership of the Bridging Funds: (1) the Receiver’s motion for an interim distribution to unitholders, (2) approval of a settlement with the BlackRock Parties, and (3) the unitholders’ motion for a constructive trust.

The court approved the interim distribution but required a sufficient reserve for the disputed Cerieco claim until its final determination.

The BlackRock settlement was approved.

The constructive trust motion was deferred pending resolution of the Cerieco claim.

The decision provides detailed guidance on the treatment of creditor and unitholder claims in a complex receivership under the Securities Act.

The plaintiffs brought an action alleging the defendants infringed their copyright in various 'Anne of Green Gables' television productions.

The parties were unable to agree on a discovery plan under Rule 29.1.

The court was asked to establish a discovery plan, specifically addressing the scope of documentary production by both sides, the production of development agreements, and the time limits for oral examinations.

The Master ordered a limited, representative sample of productions from the plaintiffs regarding the alleged infringements, reciprocal financial production on an eyes-only basis, production of the defendants' development agreements subject to redaction, and equal time (14 hours) for oral discoveries for each side.

Kristine Jill Hill was found in contempt of a June 28, 2017 order.

This endorsement addresses the sentencing, which included a joint submission, and the quantum of full indemnity costs to be paid by Ms. Hill as part of her sentence.

The court considered principles of reasonableness, indemnity, and factors under Rule 57.01 of the Courts of Justice Act.

The court found the matter complex, noted unnecessary steps taken by the defendants, and ultimately awarded the plaintiffs the requested costs of $320,899.64.

Kaymar Rehabilitation Inc. appealed the dismissal of its action against Champlain Community Care Access Centre regarding a 2003 request for proposals for therapy services.

Kaymar challenged the trial judge's interpretation of the RFP documents, arguing that Champlain improperly allowed bidders without therapy services experience to qualify by accepting "professional services" as equivalent experience.

The Court of Appeal upheld the trial judge's interpretation, finding that the RFP documents clearly permitted such equivalents and that Kaymar had accepted these terms by bidding.

The court also addressed the costs award, reducing it from $1,864,000 to $1,675,000 on a partial indemnity basis.