Mahdi Mohamed Hussein

This endorsement addresses two production issues in a proposed class action for misrepresentation under the Securities Act and the Class Proceedings Act.

The plaintiff sought production of (1) a podcast audio or transcript quoted by defendant Michael Novogratz in his affidavit, and (2) documents underlying a chart referenced by defendant Alex Ioffe.

The court ordered production of the portion of the podcast transcript quoted in the affidavit, but declined to order production of the underlying documents for the chart, finding such requests more appropriate for cross-examination.

The court also set out a timetable for the upcoming motions and clarified the process for resolving refusals.

The plaintiff, Mohammad Reza Kamrani-Ghadjar, sought to discontinue his class action against Cidel Trust Company and Neo International Investments Ltd. in a securities misrepresentation case involving Anaergia Inc. The court approved the discontinuance with prejudice, finding no prejudice to the class or defendants, and ordered that notice be given to class members.

The court also granted procedural orders regarding factum length and amended the litigation timetable.

These supplementary reasons correct a previous decision regarding liability under s. 192 of the Highway Traffic Act.

The court, upon discovering a Court of Appeal decision (Mazur v. Elias et al.), clarified that co-owner consent is not required for liability to attach to both owners under the Act.

This correction amends paragraph 29 of the original reasons, affirming that liability attaches to co-owners regardless of consent flow.

The plaintiff and her insurer brought a motion for a determination of a question of law regarding whether the "personal" consent of a co-owner is required for a motor vehicle policy to provide insurance coverage for liability arising from the use of an insured automobile.

The court examined the interplay between section 239(1) of the Insurance Act and section 192(2) of the Highway Traffic Act, particularly in light of the 1990 amendment to the Insurance Act which removed the word "personally." The court determined that the personal consent of the co-owner was not required, as consent could flow through an intermediary, and the two statutory schemes operate independently.

This decision addresses the admissibility of two expert reports submitted by the plaintiff in a proposed class action certification motion.

The defendants sought to strike the reports, arguing lack of objectivity and improper scope.

The court ruled that the report from an investor in the defendant company was inadmissible due to a direct economic conflict of interest, despite the expert's disclosure and offer to opt out of class compensation.

The report from a lawyer specializing in securities and corporate law was deemed admissible, as it provided necessary and helpful expertise on complex regulatory standards, but its concluding paragraphs opining on the ultimate issue of misrepresentation were ordered redacted as they usurped the court's role.

The plaintiff, Mohammad Reza Kamrani-Ghadjar, seeking leave to represent a class in a securities class action, served an affidavit from a lawyer, Lon Michael Kirsh.

The defendants, Anaergia Inc., Andrew Benedek, and Hani El-Kaissi, moved to strike the affidavit, arguing it contained inadmissible opinion evidence.

After the plaintiff served a revised affidavit removing opinions, the defendants moved again to strike it, alleging irrelevance and immateriality.

The court dismissed the defendants' motion, finding the affidavit contained permissible observations of voluminous public filings rather than inadmissible opinions.

However, the court ordered the plaintiff to pay $10,000 in costs thrown away to the defendants due to the initial inadmissible affidavit.

This appeal addresses issues of jurisdiction simpliciter and forum non conveniens in a complex international insurance coverage dispute.

Vale and RSA initiated actions in Ontario seeking coverage for environmental liabilities, primarily in Ontario, after Travelers commenced a similar action in New York.

The motion judge largely found Ontario had jurisdiction and was not forum non conveniens, except for North River.

The Court of Appeal dismissed the insurers' appeals, affirming Ontario's jurisdiction over them, and allowed Vale's appeal, finding Ontario also had jurisdiction over North River.

The court emphasized that a comprehensive general liability insurer underwriting Ontario risks connects itself to Ontario for jurisdictional purposes, and that the "first-to-file" rule does not automatically determine the appropriate forum.

The appellant appealed a denied reopening of a deemed conviction for disobeying a stop sign, arguing inability to respond due to COVID-19 court closures.

The court dismissed the appeal, holding that the appellant failed to demonstrate that their inability to respond was "through no personal fault" as required by the Provincial Offences Act.

The court emphasized that the pandemic did not serve as a blanket excuse for inaction, especially given available online services, and stressed the need for appellants to provide specific details and supporting affidavits for such claims.

The applicant, a unit owner, challenged several provisions of the respondent condominium corporation's By-law No. 7 concerning rental activities, arguing they were ultra vires or unreasonable.

The court found that the condominium had the power to oversee rental activities, charge rental management and amenity fees, collect damage deposits, and limit tenant occupancy.

However, the court struck down restrictions on advertising and requiring owners to use only Board-approved rental managers as unreasonable infringements on property rights.

Plus Development Group Corp. brought a motion to oppose the confirmation of a Master's Report, which had awarded Roni Excavating Ltd. $523,241.99 plus costs for excavation work, including extras for the removal of contaminated soil.

Plus Development argued that the Master erred in evidentiary rulings, findings of fact regarding Roni Excavating's knowledge of soil conditions, and the authorization of extras.

The court dismissed Plus Development's motion, confirming the Master's Report, finding no palpable or overriding error in the Master's evidentiary rulings or findings of fact.

The court affirmed that Roni Excavating was entitled to charge for the removal of contaminated material as an extra, as contemplated by the contract and authorized by Plus Development's agent.

The defendant was charged with three Highway Traffic Act offences: driving under a licence of another jurisdiction while suspended in Ontario (s. 36), driving while under suspended licence (s. 53(1)), and improper number plate light (s. 62(19)).

The prosecution established that the defendant's Ontario driver's licence had been suspended since March 17, 1994 for unpaid fines, and that he was operating a vehicle with an Alberta licence plate and defective rear licence plate light on August 10, 2010.

The defendant claimed no knowledge of the suspension and maintained he had obtained an Alberta licence in good faith.

The court found the defendant's testimony not credible and contradicted by prosecution evidence, including testimony from an officer who personally served the suspension notice in 1994.

The defendant was found guilty of all three offences.