Mark Stuart Hayes

The plaintiff commenced a proposed class action alleging wrongful collection of personal information through the Tim Hortons and Burger King mobile applications.

Following a national settlement agreement approved by the Superior Court of Quebec, the parties consented to the dismissal of this Ontario action.

The court dismissed the proposed class action without costs.

The parties in a proposed class action reached a consortium agreement to seek certification of a national class in British Columbia.

A dispute arose over whether the Ontario action should be stayed permanently or conditionally.

The parties ultimately agreed to a consent order staying the action subject to further order of the court, but could not agree on costs.

The court found that both parties had credible arguments for being the successful party, as their positions were almost identical, and ordered each party to bear their own costs.

Following the dismissal of a motion brought under Rule 45.02 of the Rules of Civil Procedure, the successful defendants sought costs of the motion.

The motion had been brought on very short notice and sought relief akin to a Mareva-type injunction, requiring the defendants to respond urgently.

The defendants requested substantial indemnity costs, while the plaintiff argued the matter was simple and proposed a modest costs award.

The court found the motion was not simple and that the defendants had been placed in a difficult position by the short notice, but held that the circumstances did not justify substantial indemnity costs.

Costs were therefore awarded on a partial indemnity basis.

The moving party sought an order under Rule 45.02 of the Rules of Civil Procedure requiring $1.1 million from the proceeds of the sale of a Hamilton property to be paid into court for interim preservation pending litigation.

The dispute arose from a property investment arrangement between long‑time associates, where the moving party alleged entitlement to a proportionate share of the profits based on funds invested.

The court held that the moving party did not establish a proprietary claim to a specific fund because he was merely an investor and had no proprietary interest in the sale proceeds held in an investment account.

Even if the first branches of the test were met, the balance of convenience did not favour the order as there was no evidence the responding parties intended to dissipate assets or frustrate enforcement of a potential judgment.

The motion was therefore dismissed with costs.

In a copyright appeal, the Court considered whether pre-existing sound recordings embedded in film and television soundtracks remain subject to equitable remuneration under s. 19 of the Copyright Act when the soundtrack accompanies a cinematographic work.

Applying modern statutory interpretation, the Court held that the soundtrack exclusion in the definition of sound recording captures pre-existing recordings in that context.

The Court found this reading consistent with the legislative scheme, parliamentary intent, and international obligations under the Rome Convention.

As a result, the proposed tariffs could not be certified for performances or communications of recordings when accompanying cinematographic works.

The applicants, Boeing and Bombardier, sought judicial review of an Information and Privacy Commissioner order requiring the Ministry of Economic Development and Trade to disclose three agreements relating to the purchase and sale of the de Havilland business.

The applicants argued the records were exempt from disclosure under the third-party information exemption in s. 17 of the Freedom of Information and Privacy Act.

The Divisional Court dismissed the applications, finding the Commissioner reasonably concluded that the complex, multi-party agreements were the product of negotiation and did not contain information 'supplied' to the Ministry by the applicants.