2 total
Partial summary judgment denied where complex industry dispute required full trial.
The defendants brought a motion for partial summary judgment seeking dismissal or striking of allegations concerning manipulation of egg grading data and conspiracy in the Ontario egg industry.
The plaintiffs alleged the defendants deliberately altered grading machine settings to include cracked or dirty eggs in Grade A packages and conspired with other industry participants to harm the plaintiffs’ business and restrict competition.
The defendants argued the plaintiffs had produced no admissible evidence and had failed to put their best foot forward.
The court held that the case involved complex factual disputes, credibility issues, expert evidence concerning egg grading technology, and significant outstanding documentary production including large volumes of electronic records.
Applying the Rule 20 summary judgment framework and the “full appreciation” test, the court concluded the motion was premature and that the issues required the full machinery of a trial.
Judicial review granted and College decisions quashed due to failure to provide notice of complaint.
The applicant, a massage therapist, sought judicial review of two decisions by the College of Massage Therapists of Ontario's Complaints Committee to investigate allegations of sexual abuse.
The complainant had withdrawn the complaint shortly after filing it, and the College failed to provide the applicant with notice of the specific allegations or an opportunity to respond before making its decisions.
The Divisional Court allowed the application and quashed the decisions, finding that the College acted without jurisdiction by violating its statutory requirements and the applicant's right to procedural fairness.
