Salma Kebeich

The appellants appealed a trial judgment declaring the corporate respondent the sole owner of two boats and awarding damages for breach of fiduciary duty, defamation, and punitive damages.

The appellants also appealed the dismissal of their counterclaim and the costs awards.

The Court of Appeal dismissed the appeal, finding that the trial judge reasonably concluded there was a contract for the sale of the boats but no joint venture agreement.

The court found no errors in the trial judge's findings on fiduciary duty, defamation, damages, or costs.

The appeal was dismissed with costs of $17,000 awarded to the respondents.

This decision concerns a dispute between two couples and their closely held corporations over the ownership and operation of "Tiki" boats in Wasaga Beach, Ontario.

The court found that no binding joint venture or operator agreement was reached, and that the only enforceable contract was the sale of the boats to the plaintiffs.

The defendants' unilateral actions with Transport Canada and defamatory statements on social media led to findings of breach of fiduciary duty and defamation, resulting in damages and punitive damages awarded to the plaintiffs.

The appellants challenged the constitutional validity of the Tamil Genocide Education Week Act, 2021, arguing it was ultra vires Ontario and infringed their rights to free expression and equality under the Charter.

The Court of Appeal upheld the Act, finding its dominant purpose was to affirm and commemorate the Tamil-Ontarian community's experience, which falls within Ontario's power over local matters under s. 92(16) of the Constitution Act, 1867.

The Court also dismissed the Charter claims, concluding the Act does not suppress expression or draw a discriminatory distinction against Sinhala-Buddhists.

LivingArt Kitchens Inc. sought an interim and interlocutory injunction against three former employees/independent contractors and their associated corporations, alleging breaches of contract, fiduciary duties, and misappropriation of confidential information.

The extensive relief sought included prohibitions on competing, soliciting clients, using confidential information, and various accounting and asset freezing orders.

The court dismissed the motion, finding that LivingArt failed to establish a strong prima facie case, demonstrate irreparable harm, or show that the balance of convenience favored granting the injunction.

The court noted significant evidentiary issues and procedural irregularities, concluding that damages would be an adequate remedy if breaches were proven at trial.

Following the approval of a Plan of Arrangement under the Canada Business Corporations Act, the successful applicant sought costs against the objecting creditors.

The objectors argued the applicant was disentitled to costs for failing to request them initially and that the quantum sought was excessive.

The court rejected the disentitlement argument, finding the objectors had notice that costs would be addressed in writing.

The court awarded $100,000 in costs, reducing the requested amount for proportionality, and ordered the costs payable jointly and severally by the objectors as they had pursued a common strategy.

The applicants, representing members of Ontario's Sinhalese diaspora, brought applications challenging the constitutionality of the Tamil Genocide Education Week Act, 2021.

They argued the Act was ultra vires the province and violated their rights under sections 2(b) and 15 of the Charter.

The Superior Court of Justice dismissed the applications, finding that the Act is in pith and substance related to education, which falls within provincial jurisdiction.

The court further held that the Act does not restrict freedom of expression, nor does it create a discriminatory distinction based on enumerated or analogous grounds.

This endorsement addresses motions by the Tamil Rights Group (TRG) and the Tamil Coalition (National Council of Canadian Tamils, Canadian Tamil Academy, Canadian Tamil Youth Alliance) to intervene as parties or friends of the court in two joined applications.

The original applicants are challenging the constitutionality of the Tamil Genocide Education Week Act, alleging it is ultra vires and violates Charter rights.

The court granted intervener status as parties to TRG and the Tamil Coalition, finding their contributions useful for a balanced factual record, particularly given the applicants' factual assertions about the Act's basis.

The court imposed specific limitations on the interveners' participation to avoid undue delay or prejudice.

The applicant brought an urgent ex parte motion seeking the recovery or interim preservation of his vehicle, which had been repossessed by the respondents under the Repair and Storage Liens Act (RSLA).

The applicant alleged the respondents relied on forged invoices and failed to comply with RSLA requirements.

The court declined to order the interim recovery of the vehicle on an ex parte basis due to significant factual disputes, adjourning those requests to be heard on notice.

However, the court granted an interim preservation order under Rule 45.01, restraining the respondents from selling or dealing with the vehicle pending a full hearing.

The applicant brought a family law and oppression application against her former spouse, his business partner, and their jointly owned corporation.

The business partner brought a motion to stay the corporate claims against him in favour of arbitration pursuant to a shareholder's agreement.

The applicant brought a cross-motion for financial disclosure and interim costs to fund her oppression claim.

The court granted the stay of the corporate claims, finding they fell within the mandatory arbitration clause.

However, the court also ordered the respondents to provide the requested financial disclosure to assist the arbitration and family law proceedings, and ordered the corporation to pay $53,995 in interim costs to the applicant under s. 249(4) of the OBCA to fund her forensic accounting and legal fees.