Nadia Charlotte Imelda Campion

The appellant purchased furniture, fixtures, and equipment, including a large racking system, from insolvent tenants under a court-approved Liquidation Process Order in bankruptcy proceedings.

The appellant failed to remove the racking from the landlord's distribution centre/warehouse before the lease disclaimer date and multiple deadlines.

The trial judge dismissed the appellant's conversion claim, finding that the racking was deemed abandoned pursuant to the Sale Guidelines incorporated in the Liquidation Process Order, which provided that any fixtures or personal property left in a store after the sale termination date and lease disclaimer would be deemed abandoned.

The Court of Appeal upheld the trial judge's interpretation, holding that the deemed abandonment provision was irrebuttable when read in the context and purpose of the insolvency proceedings, and that the appellant could have sought a variation of the order through the come-back provision but failed to do so.

The appeal and the respondents' cross-appeal on damages were both dismissed.

The appellants sought certification of a proposed class action on behalf of approximately 15,000 Canadian major junior hockey players from 1975 to the present, alleging systemic abuse including physical and sexual assaults, bullying, harassment, and hazing.

The class action named 78 defendants across four major junior hockey leagues and sought to hold the leagues and teams liable for systemic negligence in failing to adopt and enforce effective abuse-prevention policies.

The motion judge denied certification, finding the action unmanageable due to its unprecedented scope and complexity, and that no viable litigation plan had been presented.

The appellants appealed on three grounds: that they had disclosed a viable cause of action, that common issues existed, and that the class action was the preferable procedure.

The Court of Appeal dismissed the appeal, finding that while the appellants had viable claims and the motion judge applied an overly stringent test to the common issues requirement, the action was unmanageable and therefore not the preferable procedure.

The court emphasized that the proposed class action was far broader and more complex than previous systemic negligence class actions, involving 78 defendants across 13 jurisdictions, events spanning 50 years, and complex conflicts-of-law issues.

The appellants' attempt to fundamentally alter their case on appeal by dropping 74 defendants was rejected as impermissible.

In a trial for conversion, the plaintiff claimed the landlord unlawfully disposed of its racking system after a lease disclaimer.

The landlord argued the racking was deemed abandoned under a court order from bankruptcy proceedings or, alternatively, that its disposal was justified due to the plaintiff's trespass.

The court found that the "deemed abandonment" provision in the liquidation order was a valid defense, and even if not, the landlord acted reasonably in disposing of the racking given the plaintiff's trespass and the high costs of preservation.

The plaintiff's claim for conversion was dismissed.

The landlord's counterclaim for lost rental revenue was also dismissed due to insufficient evidence on damages.

The Moving Parties (First Nations and Municipalities) sought to stay the implementation of a $150 million settlement between Purdue Canada and Canadian Governments, arguing it might be unlawful, prejudicial, preferential, or an abuse of process, and sought financial disclosure from Purdue Canada.

The court dismissed the motion, finding it lacked a basis to compel disclosure or stay the settlement.

The court affirmed its jurisdiction over Purdue Canada was limited to the CCAA recognition proceedings, not general supervision, and found no evidence of bad faith or insolvency to warrant the requested orders.

The applicant sought a declaration for payment of over $4 million in "Take-or-Pay Fees" and unpaid invoices from a contract manufacturing agreement, alleging the respondent failed to meet minimum order volumes.

The respondent argued the matter was unsuitable for an application under Rule 14.05(3)(d) due to material facts in dispute, the enforceability of a potential penalty clause, and the impact of the COVID-19 pandemic.

The court agreed with the respondent, converting the application into an action for trial, finding that the dispute involved complex factual issues, including potential contract modification, estoppel, and frustration, which required discoveries and a fulsome record.

This endorsement concerns three tobacco companies (JTI-MacDonald Corp., Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, and Rothmans, Benson & Hedges Inc.) operating under the Companies’ Creditors Arrangement Act (CCAA).

Each applicant sought an extension of their stay period until September 30, 2024, to continue formulating plans of arrangement.

Imperial also requested authorization to terminate a retirement plan and post security for a vaping product license.

RBH sought a procedural amendment for employee grievances.

The court, finding no opposition and satisfied with the applicants' good faith, diligence, and sufficient resources, granted all requested relief, noting significant progress in ongoing mediation.

This decision concerns Phase 4 of a motion to settle a Section 7 Order under the Class Proceedings Act, 1992.

The original proposed class action, brought by former and current major junior hockey players alleging abuse, was not certified.

The Section 7 Plan aims to transition the proposed class action into up to 60 individual joinder actions.

The court approved Version 4 of the Draft Section 7 Plan, which outlines procedures for notice, opt-in, commencement of actions, case management, and discovery.

A key contentious issue resolved in this phase concerned the staying of third-party claims until the completion of the main actions.

This endorsement concerns the Companies' Creditors Arrangement Act (CCAA) proceedings for JTI-MacDonald Corp., Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, and Rothmans, Benson & Hedges Inc. The court granted an unopposed motion to extend the stay period until March 29, 2024.

Recognizing the complexity and the four-and-a-half-year duration of negotiations, the court directed the three court-appointed Monitors, in conjunction with the court-appointed Mediator, to collaborate and develop comprehensive Plans of Compromise or Arrangement.

The objective is to finalize plans that are fair and reasonable to all applicants and creditors, moving from observable activity to meaningful action.

This decision is Phase 3 of a motion to settle a Section 7 Order under the Class Proceedings Act, 1992.

The court is finalizing the Draft Section 7 Plan, which facilitates the transition of a proposed class action, previously denied certification, into up to 60 individual joinder actions against various hockey leagues and teams.

The plan addresses notice dissemination, the approval of contingency fee agreements, the management of third-party claims by staying them under Rule 29.09 of the Rules of Civil Procedure, and the potential for severance of actions.

The court also proposes a consensual settlement track for modest claims as an alternative to litigation.

This is a costs decision following a judgment in a complex multi-party litigation involving franchise disputes.

The court determined the quantum and scale of costs for various successful and unsuccessful claims and counterclaims.

Premium Host Inc. was awarded partial indemnity costs against Paramount Franchise Group Inc. and related entities.

Versatile Holdings Inc. and Everest Group Inc., whose claims were dismissed, were ordered to pay partial indemnity costs to the Paramount group.

The court declined to award elevated costs, reduced the defendants' claimed costs due to duplication and litigation conduct, and clarified the liability of individual guarantors for corporate litigation costs, holding them jointly and severally liable only for costs related to counterclaims where they were proper parties.

The plaintiffs, The Calbot Group Ltd. and 2649106 Ontario Inc. cob Synergy Capital, brought two motions: a Preservation Motion seeking to secure $5 million from land sale proceeds and a Jurisdiction Motion against certain foreign defendants.

The court first addressed the Jurisdiction Motion, finding that the plaintiffs failed to establish a real and substantial connection between the foreign defendants (NSR Canada Development Limited, New Silk Road Culturaltainment Ltd., and Sha Huang aka Sam Huang) and Ontario, as the alleged contract (MOU or verbal agreement) was not genuine and the corporate veil could not be pierced.

Consequently, the action against these foreign defendants and Mr. Huang was stayed.

The Preservation Motion, seeking relief under Rule 45.02, a Certificate of Pending Litigation (CPL), or Mareva injunction, was also dismissed.

The court found that the plaintiffs' claim was for damages, not a specific fund, and they failed to demonstrate a serious prospect of success or meet the stringent requirements for such remedies.

Costs were awarded to the successful defendants.

The Court of Appeal for Ontario issued an endorsement regarding a request to vary a trial costs award.

Following a successful appeal and cross-appeal by the Respondents (plaintiffs/defendants by counterclaim), they sought to vary the trial costs award, arguing entitlement to a higher scale due to beating a Rule 49 settlement offer.

The Appellants (defendants/plaintiffs by counterclaim) opposed this request.

The Court declined to vary its decision, noting that the Respondents had not appealed or sought leave to appeal the trial costs, nor had they raised the issue in their notices of cross-appeal or in their submissions on costs.

The Court of Appeal dismissed appeals by two groups of appellants (Varma/Madra and Palihapitiya) and allowed a cross-appeal by the respondents.

The case involved corporate malfeasance, breach of fiduciary duty, breach of contract, knowing assistance, and conspiracy related to the establishment of a competing fund (Annex Fund) and the undervalued sale of a technology company (Xtreme Labs), including the concealment of an equity interest in Hatch Labs (Tinder).

The trial judge's findings of liability for damages and disgorgement were largely upheld, and the disgorgement amount was increased on cross-appeal to serve a stronger deterrent purpose.

The court affirmed that directors of a corporate general partner can owe fiduciary duties directly to a limited partnership.

The Court of Appeal for Ontario dismissed an appeal from a judgment of the Superior Court of Justice, substantially agreeing with the reasons provided by the lower court judge.

Costs were awarded to the respondent.

The defendants brought a motion seeking to strike the plaintiff's claim against an individual defendant (Sam Mizrahi) for breach of contract and unjust enrichment, an order requiring the plaintiff and its employee to undertake not to interfere with the defendants' economic relations, and security for costs.

The court granted the motion to strike the claim against the individual defendant without leave to amend, finding no reasonable cause of action and that it was frivolous/vexatious.

The motion for injunctive relief was dismissed as there was no underlying cause of action.

Security for costs was granted in the amount of $200,000, payable in installments.

The respondent Picture Perfect Film Assets, LLC (PPFA) brought a motion to stay an application by the MacLaren Art Centre (MAC) concerning the ownership and sale of Rodin bronze sculptures.

PPFA argued for a stay based on forum non conveniens, issue estoppel, res judicata, abuse of process, and the 'good case management rule,' favouring a broader, earlier-filed Washington action.

MAC contended that its Ontario application, rooted in local bankruptcy proceedings and involving Ontario parties and law, was appropriate.

The court dismissed PPFA's motion, finding that Ontario was an appropriate forum and PPFA failed to demonstrate that Washington was 'clearly more appropriate' under the forum non conveniens analysis.

The court also declined to apply equitable doctrines or the good case management rule to stay the Ontario proceedings.

The moving party brought a consent motion seeking certification of a securities class proceeding and leave to advance a secondary market misrepresentation claim under Part XXIII.1 of the Securities Act.

The claim arose after the issuer disclosed a prolonged fraud in a related loan business that required restatement of financial results.

The proposed class consisted of investors who acquired the issuer’s securities during a specified class period.

The court found that the criteria for certification under the Class Proceedings Act, 1992 were satisfied and that the statutory leave requirement under the Securities Act was met.

The court granted certification, granted leave to advance the statutory claim, and dismissed a parallel action against additional defendants pursuant to the parties’ procedural agreement.