R. Brent Marshall

The plaintiff, acting as estate trustee for her deceased mother, sued her sister for repayment of a $75,000 loan made by their parents.

The defendant sister moved for summary judgment, arguing the loan was forgiven in the parents' wills.

The court found that the plaintiff lacked standing because the mother's interest in the loan passed to the father upon her death.

Furthermore, interpreting the wills, the court concluded the testators intended to forgive the loan upon their deaths.

The motion for summary judgment was granted and the action was dismissed.

TSN brought a motion to set aside an ex parte sealing order that restricted public access to a court file involving the Niagara Ice Dogs and the Ontario Hockey League.

The underlying dispute concerned an OHL investigation into an alleged unwritten contract between the team and a player.

The court applied the Sierra Club test and found that while protecting the identity of minor players was an important public interest, there was no real and substantial risk to that interest on the evidence, especially since the complainant's identity was already public.

The sealing order was set aside, and costs were awarded to TSN and the OHL against the team.

The applicant hockey team sought an interim injunction to adjourn an internal league appeal of a discipline ruling, arguing that an arbitration clause in a player's contract should govern the underlying dispute.

The court dismissed the motion, finding that the commissioner's discipline decision concerned a breach of league rules, not the player's contract, and that the Arbitration Act did not apply to the league's disciplinary process.

The court also noted that the applicant should exhaust internal league remedies before seeking court intervention.

The appellants appealed the motion judge's refusal to stay a partial summary judgment until all litigation between the parties was resolved.

The Court of Appeal held that the refusal to stay the judgment was an exercise of the motion judge's discretion and found no basis to interfere.

The appeal was dismissed with costs fixed at $7,500.