Matthew J. Kim

The plaintiffs sought a temporary injunction to enforce non-solicitation and confidentiality agreements against a former shareholder, alleging breach of contract and misuse of confidential information.

The court dismissed the injunction motion, finding insufficient evidence of irreparable harm and that the balance of convenience favored the defendants.

The court noted that the plaintiffs failed to demonstrate actual breach or imminent harm, and that the requested relief was an overreach that would unfairly impact the defendant's livelihood.

A real estate agent brought an application for a 2.5 percent commission on a property purchased by the respondent through another agent, relying on a Buyer's Representation Agreement (BRA).

The respondent brought a cross-application to declare the BRA void, raising the defence of non est factum.

The court found that the agent misrepresented the fundamental nature of the BRA to the respondent's father by stating it only applied to a specific property, not any property purchased within four months.

The court held the respondent was not careless in relying on her father's explanation and signing without reading.

The BRA was declared void ab initio and the agent's application was dismissed.

A custody and access trial concerning a two-year-old child.

The mother sought sole custody with limited access for the father (8 hours on Saturdays for at least 8 months).

The father sought joint custody with alternate weekend access from Friday evening to Monday morning, plus mid-week access.

The court found that joint custody was not appropriate due to the parties' inability to communicate effectively.

The court awarded sole custody to the mother but significantly expanded the father's access beyond what the mother proposed, finding that the mother had been unnecessarily restrictive.

The court phased in overnight access over a short period, ultimately ordering alternate weekend access from Friday after day care to Monday morning, with mid-week access to be determined at a further hearing.