Rory Gillis

The defendants moved for summary judgment dismissing a medical negligence action on the basis that it was res judicata and statute-barred under s. 38(3) of the Trustee Act.

The plaintiffs had previously commenced an essentially identical action arising from the same death, which had been dismissed as out of time and unsuccessfully appealed through the Divisional Court, the Court of Appeal, and the Supreme Court of Canada.

In the present action, the plaintiffs again alleged negligence, lack of informed consent, and fraudulent concealment.

The court held that the allegations had already been fully considered in the prior proceedings and raised no triable issue.

Allowing the claim to proceed would constitute an abuse of process and the limitation period under the Trustee Act applied.

The plaintiffs sought indemnity under an executive liability insurance policy for losses arising from litigation alleging wrongful acts connected to a corporate subsidiary.

The insurer argued that a specific entity exclusion and coordination-of-limits endorsement limited or eliminated coverage and that payments under a separate run‑off policy should be set off against the policy limits.

The court examined the surrounding negotiations and the wording of the policies, including the meaning of the term “claim,” and found the exclusion did not remove coverage for directors acting in their capacity as directors of the parent corporation.

The court also held that the coordination-of-limits endorsement was not triggered because the two policies covered different wrongful acts committed in different capacities.

Judgment was granted for the plaintiffs for the full policy limits.

A physician applied under s. 24(1) of the Canadian Charter of Rights and Freedoms for remedies following an unlawful police search of his home computer that uncovered child pornography.

The criminal charges were withdrawn due to an invalid search warrant, but the physician’s professional regulator obtained a copy of the hard drive and commenced disciplinary proceedings.

The applicant sought orders requiring destruction of the copied hard drive and prohibiting the regulator from relying on the evidence in the discipline hearing.

The court assumed serious Charter breaches, including possible bad faith by police, but held that neither destruction nor prohibition was appropriate or just in the circumstances.

The Discipline Committee was best positioned to determine the admissibility of the evidence under s. 24(2) in the administrative proceeding.

The plaintiffs brought a proposed class action against the directors, officers, and advisors of a Delaware-incorporated company for alleged misrepresentations and failures to disclose under Part XXIII.1 of the Securities Act.

The defendants brought motions to strike the claim for punitive damages, strike the claim against a former director for failing to disclose a reasonable cause of action, and stay the action against the foreign financial advisors on jurisdictional grounds.

The court granted all motions, striking the punitive damages claim as inconsistent with the statutory scheme, striking the claim against the former director without leave to amend, and permanently staying the action against the foreign advisors as the court lacked jurisdiction simpliciter.

Former directors, officers, and consultants of Look Communications Inc. sought interim advancement of their legal fees to defend against an action brought by Look alleging breach of fiduciary duty regarding bonus and equity cancellation payments.

The court held that s. 124(4) of the CBCA applies to actions brought directly by the corporation, requiring court approval for advancement.

The court found Look established a strong prima facie case of mala fides against the directors and officers, rebutting the presumption of good faith.

Advancement was denied for all applicants except one employee, Dolgonos, whose entitlement arose under an indemnity agreement not subject to s. 124(4).