R. Aaron Rubinoff

The plaintiff, the Medical Council of Canada, brought an unopposed motion for a partial sealing order in an action alleging the defendants appropriated confidential clinical examination exercises for a preparatory course.

The court applied the Sierra Club test and granted the sealing order to protect the integrity of the examination system, the identity of a whistleblower, personal information of the defendants, and the identities of course participants.

The moving parties sought leave to appeal an interlocutory order striking out an affidavit filed in opposition to an application to recognize and enforce a foreign arbitral award.

The motion judge had struck the affidavit on the basis that it was clearly irrelevant and scandalous.

The court dismissed the motion for leave to appeal, finding no conflicting decisions on matters of principle and no good reason to doubt the correctness of the motion judge's order.

The plaintiffs discontinued their main action, and the defendants subsequently abandoned their counterclaim and third party claim.

The defendants brought a motion for costs of the main action, arguing the plaintiffs' claim was devoid of merit and that the counterclaim and third party claim were a natural consequence.

The court found the main action was not self-evidently frivolous and held that each party should be entitled to recover the costs of defending the proceeding launched against them on a partial indemnity scale.

The calculation of costs was referred for assessment.

The defendants brought a motion for security for costs against the corporate plaintiff in a complex software copyright and breach of confidence action.

The court found good reason to believe the plaintiff had insufficient assets in Ontario to pay the defendants' costs if unsuccessful.

The plaintiff failed to establish impecuniosity or a good chance of success on the merits.

The court ordered the plaintiff to post $1,110,000 in security for costs, payable in three installments, to balance the defendants' need for protection with the risk of stifling the litigation.