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Third-party production ordered from mutual fund dealer in contested estate proceeding involving advisor's dual roles.
The moving parties in a contested estate proceeding sought third-party production from FundEX, a mutual fund dealer where the estate trustee formerly worked as a financial advisor.
The moving parties alleged the estate trustee acted in a conflict of interest by holding dual roles.
FundEX resisted production, arguing Rule 30.10 does not apply to applications.
The court held that because a small claims action had been consolidated with the applications, Rule 30.10 applied.
The court also noted its jurisdiction under Rules 74 and 75 to order third-party production in contested estate matters.
FundEX was ordered to produce its compliance manuals and documents related to a regulatory investigation, but not communications involving the estate trustee, which should be sought from him directly.
Motion for a mandatory interlocutory injunction to restore access to an e-commerce platform was dismissed.
RageOn Inc., an online retailer using Shopify's platform, sought an interim injunction to restore its access to Shopify's services after Shopify terminated their agreement.
Shopify terminated the agreement due to RageOn's repeated violations of its Acceptable Use Policy (AUP), which prohibits hateful content and content associated with terrorist organizations.
RageOn argued the termination was premature, the breaches were not material, and Shopify acted in bad faith.
The court applied the modified RJR-MacDonald test for mandatory interlocutory injunctions, requiring RageOn to demonstrate a strong prima facie case.
The court found RageOn failed to show a strong likelihood of success on the merits, failed to demonstrate irreparable harm, and that the balance of convenience did not favour granting the injunction.
Consequently, RageOn's motion was dismissed.
