Matthew Sokolsky

A vacant land condominium corporation sought damages and disgorgement of profits against its former directors and various defendants, alleging breach of fiduciary duty in connection with the release of easements burdening adjacent land.

The plaintiff claimed the directors received secret benefits in exchange for facilitating the release of easements valued at approximately $31.5 million.

The court found that the corporation was contractually obligated to release the easements pursuant to easement release provisions in registered agreements, and that the plaintiff failed to prove the directors received secret benefits or breached their fiduciary duties.

The court dismissed the plaintiff's claim and the counterclaim.

The Court of Appeal for Ontario dismissed the appeal of Vahid Mehdizadeh Asiyaban and 2468692 Ontario Ltd. against Halime Khatoun Aghdasi.

The trial judge had found that the appellant falsified evidence and solicited false testimony in support of a property claim in family litigation.

The Court held that the trial judge was entitled to reject the appellant’s uncorroborated evidence and found no basis to interfere with the credibility findings.

The appeal was dismissed in its entirety, and the appellant was ordered to pay costs to the respondent.

The court determined the appropriate prejudgment and post-judgment interest rates following an award of damages and punitive damages to the plaintiff for the improper registration of a certificate of pending litigation.

The court found that prejudgment interest should run from the date the certificate was registered, calculated at an average rate reflecting market changes, and that post-judgment interest applies to all amounts owing under the order, including costs.

This decision addresses two motions: a Mareva injunction sought by CIM Mackenzie Creek Limited Partnership and Jiubin Feng against NSR Toronto Holdings Ltd., and a cross-motion by NSR Toronto Holdings Ltd. to stay CIM's counterclaim as an abuse of process.

CIM's Mareva injunction, based on alleged fraud by NSR in the sale of the Mackenzie Creek Project to Sunny Co., was dismissed due to lack of proof of fraud and no risk of asset dissipation.

NSR's cross-motion to stay CIM's counterclaim was granted because CIM failed to promptly disclose a settlement agreement with Sunny Co., which materially altered the litigation's adversarial landscape, constituting an abuse of process.

The court emphasized the strict disclosure requirements for such agreements.

The anonymous plaintiffs brought an action and an urgent motion to prohibit the defendant from disclosing text messages they exchanged with her in the defendant's separate wrongful dismissal lawsuit against her former employer.

The court dismissed the action, finding that the plaintiffs improperly commenced the action using pseudonyms without leave, lacked standing to interfere with documentary discovery in another lawsuit, and failed to plead a valid cause of action.

The court emphasized that embarrassment or prejudice to third parties does not override a party's legal obligation to disclose relevant documents in litigation.

A law firm, Teplitsky Colson, and its lawyer, Stephen Brunswick, brought a motion to be removed as lawyers of record for the plaintiff, Corey Libfeld, citing an irreparable breakdown in the solicitor-client relationship.

The firm argued that the plaintiff failed to provide instructions, made accusations of scheming and fiduciary duty violations, and threatened legal action.

The plaintiff opposed the motion, asserting no irreparable breakdown existed and that the firm continued to act on other matters.

The court found that the firm had demonstrated good and justifiable cause for removal, noting the severe deterioration of trust and communication, and granted the motion, dismissing the plaintiff's opposition.

The plaintiff, York Region Vacant Land Condominium Corporation No. 1010, brought a motion for leave to file a Fresh as Amended Statement of Claim, including the addition of a new defendant, Patrick Greco.

The defendants opposed certain proposed amendments, arguing they were scandalous, irrelevant, or pleaded evidence.

The Master granted leave to amend the statement of claim and add the new defendant, but struck paragraphs 8, 95, and 102-105 from the proposed pleading, finding them to be scandalous references, irrelevant, or improper pleadings of evidence.

The plaintiff brought a motion seeking answers to questions refused during the examination for discovery of the defendants.

The questions related to allegations that the defendants conspired to circumvent obligations under a Non-Competition Agreement.

The court applied the relevance test under Rule 31.06 and proportionality principles under Rule 29.2.03 of the Rules of Civil Procedure.

The court found the questions relevant and that the defendants had refused to provide full answers, despite offering partial undertakings.

The motion was granted, and the defendants were ordered to answer the questions and pay costs to the plaintiff.

An applicant sought enforcement of Letters Rogatory issued by a United States district court requesting video testimony from Ontario residents in aid of a Florida civil action concerning alleged unsolicited fax advertisements.

The respondents argued the request amounted to a fishing expedition and noted a partial stay of discovery in the underlying action.

Applying the six‑factor test for enforcement of foreign letters rogatory, the court held that the requested evidence was likely relevant, potentially necessary for trial, and not otherwise obtainable.

The court found the request was not contrary to public policy and was not unduly burdensome.

The application to compel examination under oath was granted.