Nicholas Karnis

The defendant brought a motion to transfer the action from Ottawa to Toronto, alleging an apprehension of institutional bias among the judiciary in Ottawa.

The defendant relied on an affidavit referencing a separate action involving a related company, which had resulted in adverse outcomes.

The court dismissed the motion, finding no evidence of bias, no connection to Toronto, and noting that the contract was executed and performed in Ottawa.

The motion was deemed ill-conceived and costs were awarded to the plaintiff.

The plaintiff, a corporate entity managing a sports facility, brought an action against several soccer associations for negligence and intentional interference with economic relations (unlawful means tort).

The claims arose from the issuance of International Transfer Certificates for two players, the non-approval of an invitational tournament, and communications regarding unsanctioned indoor soccer leagues.

The court dismissed the action, finding that no duty of care existed between the plaintiff and the associations, as the plaintiff was not a member and had actively distanced itself from them.

Furthermore, the court found no evidence of unlawful acts against third parties or intent to harm the plaintiff, and concluded that the plaintiff failed to prove any damages.

During a civil jury trial involving claims of negligence and intentional interference with economic interests against various soccer associations, the defendants moved to strike the jury following the plaintiff's closing address.

The defendants argued that the plaintiff's counsel made 69 improper statements, including suggesting new legal claims, misstating the jury's role, attempting to adduce new evidence, and misstating the law and evidence.

The trial judge found that the plaintiff's counsel repeatedly crossed the line and that the cumulative effect of the misstatements rendered correction by an appropriate charge impossible.

The motion was granted, the jury was discharged, and the trial judge assumed responsibility for determining liability and damages.