L. Graham

The plaintiff, Humi Holdings Corporation, brought a motion for an interlocutory injunction to prevent former employees and their new company from competing and using alleged confidential information to develop an embedded payroll software product.

The court admitted expert evidence from both sides.

Applying the RJR-MacDonald test, the court found that the plaintiff failed to establish a strong prima facie case that the non-competition clauses were enforceable or breached, or that confidential information was misused.

Furthermore, the plaintiff failed to demonstrate irreparable harm, and the balance of convenience favored the defendants.

The motion was dismissed with costs awarded to the defendants.

The plaintiff brought a motion to amend her Statement of Claim to substitute Saint Elizabeth Health Care for the originally named defendant, Toronto Community Care Access Centre, after the expiry of the limitation period.

The plaintiff relied on the doctrine of misnomer, arguing that the proposed defendant was always the intended target and had received notice letters within the limitation period.

The court granted the motion, finding that the proposed defendant would have known it was the intended target upon reading the claim, and that there was no actual prejudice to justify refusing the amendment.

The moving defendants in a medical malpractice action sought an order compelling the plaintiffs to produce child welfare files from the Children's Aid Society and Nogdawindamin Family and Community Services, arguing the plaintiffs undertook to produce them at discovery.

The plaintiffs resisted, arguing the undertakings were subject to relevance and privilege, and that the files were highly sensitive and irrelevant.

The court dismissed the motion, finding the undertakings were qualified and that production of the entire child welfare files was disproportionate and highly prejudicial given the speculative relevance to the damages claims.