Marina Sampson

The plaintiffs in a proposed class action regarding beer pricing and market allocation in Ontario sought leave under s. 29 of the Class Proceedings Act to discontinue the action against the LCBO and treat it as an unnamed co-conspirator.

The court dismissed the motion as premature, finding that the discontinuance should occur, if at all, only after the close of pleadings, as the remaining defendants had not yet filed statements of defence and might assert cross-claims or third-party claims against the LCBO.

The court also found the evidentiary record inadequate to justify discontinuance.

The applicant purchaser sought to void a commercial real estate transaction and recover $5.913 million from the respondent vendor, claiming the vendor failed to provide a copy of an environmental Director's Order prior to closing as required by s. 197 of the Environmental Protection Act.

The court dismissed the application, finding on a balance of probabilities that the vendor did provide the order.

Alternatively, the court held that the applicant was estopped from voiding the transaction because its solicitors had represented to the vendor prior to closing that they had no outstanding concerns regarding the receipt of the order.

The applicants sought an order under s. 46 of the Arbitration Act, 1991 setting aside an arbitral award.

They argued that the arbitral tribunal exceeded its jurisdiction by determining whether a professional services agreement had been terminated for cause and that the tribunal breached procedural fairness by failing to address a claim raised in a counter-complaint.

The court held that the tribunal had already determined its jurisdiction in a prior award that was not appealed and that the applicants had waived any objection by participating in the arbitration on that basis.

The court further found the tribunal’s reasons intelligible and sufficient, rejecting the allegation of a breach of natural justice.

The application to set aside the award was dismissed and the related application to recognize and enforce the award was granted.