Ranjan K. Agarwal

The plaintiffs in a proposed class action regarding beer pricing and market allocation in Ontario sought leave under s. 29 of the Class Proceedings Act to discontinue the action against the LCBO and treat it as an unnamed co-conspirator.

The court dismissed the motion as premature, finding that the discontinuance should occur, if at all, only after the close of pleadings, as the remaining defendants had not yet filed statements of defence and might assert cross-claims or third-party claims against the LCBO.

The court also found the evidentiary record inadequate to justify discontinuance.

The plaintiff sought an interim injunction and preservation order against former employees who started a competing realty tax business, alleging breach of non-competition and non-solicitation agreements.

The court found a serious issue to be tried but concluded the plaintiff failed to demonstrate irreparable harm, as any lost sales or market share could be compensated in damages.

The balance of convenience favoured the defendants.

The court dismissed the motion for an interim injunction and forensic inspection but ordered the defendants to preserve any documents and devices belonging to the plaintiff.

The applicant sought a declaration that non-competition, non-solicitation, and confidentiality agreements he signed with the respondents were unenforceable as an illegal restraint of trade.

The court found that the covenants were connected to a commercial sale transaction rather than just an employment contract, and therefore subject to a less rigorous standard of reasonableness.

The court concluded that the covenants were unambiguous, protected a legitimate business interest, and were reasonable in their scope, territory, and duration.

The application was dismissed.