Kerri Malcolm

The applicant Medical Officer of Health sought an ex parte injunction under section 102 of the Health Protection and Promotion Act to restrain the respondent restaurant owner from contravening a section 22 order.

The respondent had repeatedly refused to comply with COVID-19 regulations regarding masking, contact tracing, and proof of vaccination for indoor dining.

The court found a clear breach of the enactment and granted an interim interlocutory injunction for 10 days, scheduling a return hearing to allow the respondent an opportunity to participate.

The Court of Appeal for Ontario dismissed an appeal concerning the discharge of mortgages.

The appellant, Rick Goodman, challenged two findings of the application judge: that a $60,000 promissory note was statute-barred and that certain legal fees could not be added to the mortgage balance.

The court upheld the application judge's findings, confirming that the promissory note's limitation period ran from its maturity date and that the legal fees, despite being incurred pre-mediation, were not properly claimed six-and-a-half years later.

The Court-Appointed Receiver brought a motion seeking approval of its activities, approval of the sale of certain farm properties, a vesting order, and a sealing order for confidential appendices.

The respondents opposed the sale, arguing the properties were sold below market value and could be severed for a higher price.

Applying the Soundair principles, the court found the Receiver acted appropriately, obtained a purchase price 128% above the appraised value, and did not act improvidently.

The court approved the sale, the Receiver's activities, and granted the sealing order to protect the market integrity of the properties.