Sam Cotton

The plaintiff in a complex family trust dispute brought motions on the eve of trial for further documentary production, further examinations for discovery, and leave to amend her Statement of Claim.

The motions sought to introduce new allegations that the defendants covered up and settled claims of sexual misconduct against the family patriarch, Frank Stronach.

The court dismissed both motions, finding no evidence that the requested documents existed, that the new allegations were irrelevant to the pleaded claims of corporate mismanagement, and that amending the pleadings three weeks before a scheduled seven-week trial would cause non-compensable prejudice and delay.

The plaintiff, a rideshare driver, commenced a proposed class action alleging that Lyft drivers are employees and entitled to protections under the Employment Standards Act, 2000.

The defendants moved to stay the action in favour of arbitration pursuant to the Arbitration Act, 1991, relying on the arbitration agreement in their Terms of Service.

The plaintiff argued the arbitration agreement was inaccessible, uncertain, unconscionable, contrary to public policy, and an unlawful contracting out of employment standards.

The court rejected the plaintiff's arguments, finding the arbitration agreement accessible, valid, and enforceable.

The court granted the motion and stayed the proposed class action in favour of arbitration.