W.A. Derry Millar

The defendants brought motions to strike three related actions commenced by investors who financed movie productions.

The plaintiffs alleged breach of contract, breach of trust, gross negligence, and negligent misrepresentation against various corporate and individual defendants.

The court struck the breach of contract claims against the Nightingale defendants as there was no privity of contract.

The court also struck certain gross negligence and breach of trust claims where insufficient particulars were pleaded.

However, the court upheld the majority of the claims for breach of trust, gross negligence, and negligent misrepresentation against the individual directors, finding they were adequately pleaded.

The plaintiffs were granted leave to amend their pleadings.

Centoco Holdings Limited and KS Centoco Ltd. ("Centoco") brought two motions.

The first sought to compel Magna International Inc. ("Magna") to produce its CEO, Donald Walker, for examination for discovery in a winding-up action, arguing he was instrumental in a key business decision.

The second motion sought to compel Magna to answer refused questions and produce documents related to its airbag business and "Directed Source Mark-Ups" in the main action, and questions regarding additional documents produced post-discovery.

The court granted both motions, finding Centoco had a prima facie right to examine Walker and that the requested information on the airbag business and additional documents was relevant.

The court directed counsel to narrow the scope of document production to avoid trial adjournment and adjourned the request for a further affidavit of documents.