Michael Darcy

The plaintiffs brought an action to rescind a settlement agreement, alleging the defendant fraudulently inflated the company's revenue prior to the plaintiff purchasing the defendant's shares.

The defendants moved to strike the action as an abuse of process based on a full and final release signed during the settlement.

The plaintiffs moved for an interlocutory injunction to prevent the defendants from enforcing the settlement agreement's default provisions.

The court dismissed the motion to strike, finding a strong prima facie case of fraud that was not contemplated by the release.

The court granted the interlocutory injunction, finding the plaintiffs would suffer irreparable harm if the defendant returned to the business.

The plaintiffs brought a proposed class action against the developers of a cancelled pre-construction condominium project, alleging breach of contract and bad faith in invoking an early termination condition.

Following a settlement meeting and document review, the parties agreed to a without-costs discontinuance.

The court approved the consent motion to discontinue the action under section 29 of the Class Proceedings Act, 1992, finding that the discontinuance would not prejudice the putative class members, who had not yet been notified of the proceeding and could still pursue individual claims before the expiry of the limitation period.

The applicant brought an application under the Solicitors Act for an order directing the assessment of the accounts of her former law firm.

The applicant had paid the final bill and brought the application more than one month after its delivery, requiring her to establish special circumstances.

The court found that special circumstances existed, noting the applicant's lack of sophistication in litigation, the large amount of the accounts, her expressions of concern regarding the bills, and her reasonable belief that she had to pay the accounts for her file to be transferred.

The application was granted and the accounts were ordered to be assessed.