Frank Braybrooke Portman

The defendant, Hydro One Networks Inc., moved for a temporary stay of an action brought by Nyon Oil Inc. and 1170367 Ontario Inc. regarding land ownership and rights to operate electricity transmission infrastructure.

The court considered the overlap and differences between the Superior Court action and a parallel Ontario Energy Board proceeding, ultimately granting a one-year stay to allow the Board to determine expropriation and related issues first.

The court found that the Board had exclusive jurisdiction over the ongoing operation of the transmission system and that a stay would avoid inconsistent findings and protect the public interest.

This was an application for a Norwich order seeking disclosure of an unredacted complaint and the identity of its anonymous author from Metrolinx, a non-party.

The applicants, Brandon Taylor, Sarah Taylor, and JAAX Inc., intended to sue the complainant for defamation, intentional infliction of mental distress, and intentional interference with economic relations, alleging significant personal and business harm.

Metrolinx opposed disclosure, citing confidentiality and privacy policies, and the complainant's refusal to consent due to safety concerns.

The court applied the five-part Norwich test, finding that the applicants had a bona fide claim and that the public interest in disclosure outweighed privacy concerns, particularly because the communication did not originate in confidence and confidentiality was not essential to the relationship between an unsolicited complainant and a Crown corporation.

The application was granted, ordering Metrolinx to disclose the complainant's identity.

The applicant, FUNG-BC Holdings Ltd., sought a bankruptcy order against Gary Man Kin Ng based on two outstanding debts: a $4 million guarantee and a $5.194 million IIROC financial penalty.

Mr. Ng disputed the guarantee debt, arguing it was covered by a prior settlement agreement and covenant not to sue with Bridging Finance Inc., and brought a cross-motion to dismiss the application as an abuse of process.

The court found the settlement documents unambiguously excluded the $4 million loan, and while the IIROC debt alone wouldn't suffice, it could be considered alongside the valid guarantee debt.

The court dismissed Mr. Ng's motion and granted the bankruptcy order, finding he had committed an act of bankruptcy by failing to meet significant liabilities.

The Crown sought leave to appeal the acquittal of the City of Greater Sudbury on charges under the Occupational Health and Safety Act arising from a fatal construction accident involving heavy equipment backing up without a signaller.

The Crown argued that the courts below erred in their interpretation of the definitions of "constructor" and "employer" under the OHSA.

The motion judge granted leave to appeal on the narrow ground that the interpretation of "employer" in the OHSA engaged a question of law alone of public interest, specifically whether a municipality contracting out infrastructure work could fall within the definition of "employer" based on the degree of control it exercises over the project.

The Crown appealed the acquittal of the City of Greater Sudbury on six charges under the Occupational Health and Safety Act, following a fatal accident at a construction site.

The trial judge found that the City was neither a "constructor" nor an "employer" under the Act, and alternatively, exercised due diligence.

The appeal court upheld the trial judge's findings, concluding that the City's oversight role for quality control did not transform it into a constructor or employer, and dismissed the appeal.