Merritt

The plaintiffs brought a motion for summary judgment against the defendants for misappropriation of funds related to a syndicated construction loan.

The court granted summary judgment against the corporate defendants and one individual defendant, finding no genuine issue for trial and declaring the damages resulted from fraud.

However, the court dismissed the motion against two other individual defendants, finding that the plaintiffs knew or ought to have known of their claim against them more than two years before they were added to the action, meaning the limitation period had expired.

The appellant appealed a Licence Appeal Tribunal (LAT) decision upholding the suspension of his driver's licence for medical reasons.

The suspension was initiated after a neurologist submitted a medical condition report indicating the appellant suffered a prolonged loss of consciousness, possibly a seizure or syncope.

The appellant argued the episode was merely a nap and challenged the LAT's refusal to grant a confidentiality order, its factual findings, and its procedural fairness.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding errors in the LAT's factual findings and no errors of law or procedural fairness in its handling of the hearing or the reconsideration request.

The plaintiff retained the defendant lawyers for a human rights application but later terminated the retainer.

The defendants sought unpaid legal fees through arbitration as required by the retainer agreement.

The plaintiff commenced a civil action seeking a declaration that the arbitration clause was invalid, damages for malpractice, and a fee assessment.

The defendants moved to stay the action under s. 7 of the Arbitration Act, 1991.

The court granted the stay, finding that the dispute fell within the scope of the valid arbitration agreement and that the arbitrator had jurisdiction to determine threshold issues of validity.

The plaintiff, ID Inc., sued the Toronto Wholesale Produce Association (TWPA) and StrategyCorp for breach of contract, interference with economic relations, and conspiracy regarding a project to convert a static billboard at the Ontario Food Terminal to a digital sign.

The plaintiff alleged an oral agreement for a share of advertising revenue and a written Sale and Maintenance Agreement (SMA).

The court found no oral agreement existed but held that the TWPA breached the SMA and its duty of good faith by waiving a 360-day permit condition and then secretly contracting with a competitor.

Claims against StrategyCorp for interference, conspiracy, and breach of confidence were dismissed.

The plaintiff was awarded damages for lost profits on the construction and maintenance of the sign.

The defendants brought an anti-SLAPP motion to dismiss the plaintiffs' defamation action arising from posts made in a Facebook group about animal rescue practices.

The court found that the posts related to matters of public interest, specifically animal welfare.

The plaintiffs failed to show that the defendants lacked valid defences of justification and fair comment, and failed to provide evidence of harm sufficient to outweigh the public interest in protecting the expression.

The action was dismissed.