Micah I. Ryu

The court found the motion judge erred by treating oppression-based personal liability too narrowly and set aside dismissal of claims against the personal respondents.

It declined to grant summary judgment for the appellants due to pleading and evidentiary gaps.

The plaintiffs, property and business owners in Kensington Market, sought an interlocutory injunction to prevent the defendant from blocking access to a laneway that they claimed provided a right of way to their parking areas.

The defendant had temporarily blocked the laneway as part of a permitted five-storey residential development project.

The court dismissed the motion, finding that the plaintiffs failed to establish a strong prima facie case for any of the three bases of easement claimed (by deed, by prescription, or by necessity).

The court also found no irreparable harm and that the balance of convenience favoured the defendant.

Additionally, the court awarded substantial indemnity costs against the plaintiffs due to their conduct in blocking an alternative access route and their solicitor's misleading affidavit.

In this CCAA proceeding, the court granted multiple orders sought by Hudson's Bay Company and related entities, including approval of lease assignment agreements with YM Inc. and Ivanhoe Cambridge, sealing of confidential bid information, extension of the stay of proceedings to October 31, 2025, and approval of the Monitor's reports and activities.

The court rejected requests for adjournment and conditional distributions, finding the lease monetization process was fair and transparent, and that the proposed transactions represent a positive development for stakeholders.

The appellants, S-Cosmetics Clinic Inc. and Kuilin Wang, appealed a portion of a summary judgment that required Mr. Wang to deliver corporate assets to the Royal Bank of Canada.

They argued that the bank had not pleaded personal liability for Mr. Wang regarding the corporate assets.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's determination that Mr. Wang, as the sole officer, director, and directing mind of the Corporation, and admitting possession and the bank's entitlement to the assets, must deliver them.