Scott M. Kugler

The defendants moved to strike the plaintiff's claim for abuse of process, arguing that the prior decision in Leavens v. Schwartz (the "Shotgun Decision") had finally disposed of the matter.

The plaintiff sought to challenge a buy/sell transaction that had been enforced by the court, alleging that the defendants had engaged in a secret investment arrangement with third-party financiers without disclosure.

The court found that the claim constituted an abuse of process because the underlying subject matter was identical to the prior proceeding, the issues could have been raised before the prior judge, and the plaintiff was essentially seeking to undo a final court decision with which he was dissatisfied.

The court struck the claim without leave to amend.

The Court of Appeal for Ontario dismissed the appeal of Damodar Arapakota and the Arapakota 2006 Family Trust from the Superior Court’s order dismissing their application for delay.

The Court found no error in the motion judge’s conclusion that the delay was inordinate and inexcusable, and that the presumption of prejudice was not rebutted.

The Court also refused to admit fresh evidence, finding it could have been obtained earlier and would not have affected the outcome.

The appeal was dismissed and costs were awarded to the respondents.

This decision approves a class action settlement and distribution protocol regarding predatory and unconscionable equipment lease agreements, including the registration of Notices of Security Interests (NOSIs) on consumers’ homes.

The court finds the settlement fair, reasonable, and in the best interests of the class, considering the risks of continued litigation, the insolvency of several defendants, and the benefits achieved, including monetary compensation, lease cancellations, and legislative reform.

The court also approves class counsel fees, disbursements, a Class Proceedings Fund levy, and an honorarium for the lead plaintiff.

This is a costs endorsement following a decision to dismiss an application for delay.

The respondents, Robert Saltsman and the "Director Respondents" (Krishnasamy Parthiban, Andrew Lindzon, and Issa Nakhleh), sought costs on a partial indemnity scale for both the dismissal motion and the underlying application.

The applicants argued the costs were excessive.

The court found Mr. Saltsman's claimed costs of $38,696.62 reasonable and fixed them as claimed.

For the Director Respondents, the court allowed their motion costs of $27,177.12 but substantially reduced their application costs from $56,493.15 to $46,846.39 due to insufficient detail justifying the hours claimed for "preparation for the application." The total costs awarded to the Director Respondents were $74,023.51.

The applicants were ordered to pay costs jointly and severally.

This appeal concerned the dismissal of a proposed class action against Capital One and Amazon Web following a data breach.

The motion judge had struck the appellants' pleadings without leave to amend and dismissed their certification motion, finding the case 'doomed to fail'.

The Court of Appeal upheld the motion judge's decision, affirming that the pleadings failed to disclose viable causes of action for data misuse (intrusion upon seclusion, misappropriation of personality, conversion, breach of confidence/trust/fiduciary duty) and data breach (negligence, statutory claims).

The Court also upheld the decision to deny leave to amend the pleadings, citing repeated opportunities and the defective nature of the claims.

The appellants' motion for an extension of time to appeal costs was also dismissed.

The plaintiff brought a motion seeking a Mareva injunction against May Anis and BNP Advisors Inc., a finding of contempt against May Anis, and a variation of an order to make May Anis and BNP Advisors Inc. solely responsible for the Receiver's fees.

The motion arose from a shareholder and employment dispute where May Anis repeatedly produced forged bank records, lied under oath, and provided false information to the court and an investigative receiver.

The court granted the Mareva injunction, found May Anis in contempt due to her egregious and repetitive dishonest conduct, and ordered her and BNP Advisors Inc. to bear all Receiver's fees.

The plaintiff was awarded costs of the motion.

Horn Ventures International Inc. appealed the dismissal of its application to compel Xylem to sell it property, arguing that a binding agreement for sale was triggered by waiving a condition in an Offer to Lease.

The key issue was whether the "Obligation to Purchase" provision could be triggered before environmental remediation of the property was completed.

The Court of Appeal upheld the application judge's interpretation that the obligation to purchase arose only after Xylem advised that remediation was complete, and Horn Ventures could only waive the environmental consultant's certificate, not the completion of remediation itself.

The appeal was dismissed, as no reversible error was found in the application judge's contractual interpretation.

The appellant, Xylem Canada Company, appealed an application judge's order declaring that an obligation to purchase, set out in a 1996 lease, remained in effect through subsequent lease renewals.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's interpretation of the contractual documents.

The court reiterated that contractual interpretation involves issues of mixed fact and law, entitling the application judge's decision to deference.

This appeal concerned proposed class actions against auto insurers for improperly deducting HST from statutory accident benefits (SABs) and against the Financial Services Commission of Ontario (FSCO) for alleged regulatory failures.

The motion judge had dismissed claims against insurers due to the exclusive jurisdiction of the Licence Appeal Tribunal (LAT) under s. 280 of the Insurance Act, but allowed claims against FSCO to proceed.

The Court of Appeal upheld this decision, confirming the LAT's exclusive jurisdiction over SAB disputes and affirming the court's jurisdiction over tort claims against the regulator.

The court also refused leave to appeal the motion judge's costs order, finding it within his discretion.

This is a case management endorsement providing procedural directions for an appeal from an interlocutory order.

The endorsement sets out the schedule for the appeal hearing, which will be conducted as a video conference, and details requirements for electronic document submission, including formatting, hyperlinking authorities, and preparing compendiums.

It also reminds counsel to address costs in advance.

This decision addresses the costs of a previously dismissed motion brought by Kunicyn.

Industrial Alliance Securities Inc. (IAS) and Lise Douville, as successful respondents to the motion, sought substantial indemnity costs due to Kunicyn's unproven serious allegations of conspiracy and fraud against them and their counsel.

The court found that such allegations warranted increased costs and awarded substantial indemnity costs, adjusted for proportionality.

IAS was awarded $35,000 and Douville $25,000, to be paid by Kunicyn.

The plaintiff sought leave to proceed with a class action for secondary market misrepresentation against a company and its officers.

The claims arose from an unauthorized investment made by the CEO, which was not fully disclosed in subsequent financial statements and press releases.

The court granted leave, finding a reasonable possibility that the CFO knew or deliberately avoided knowing about the unauthorized investment, and that a press release announcing the CEO's departure constituted a public correction, signaling concerns about the CEO's conduct related to the investment.

The Plaintiffs in a class action sought court approval for a settlement agreement, a distribution plan, an honorarium for representative plaintiffs, and Class Counsel's fees and disbursements.

The class action, initiated in 2012, involved common law misrepresentation and statutory claims under the Ontario Securities Act for secondary market misrepresentations against SNC-Lavalin Group Inc. and its officers/directors.

After extensive litigation, including interlocutory motions, discovery, and two mediations, a settlement of $110 million was reached.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, considering the complexities and risks of the litigation.

The distribution plan and honoraria for representative plaintiffs were also approved.

Class Counsel's fee request of $25.25 million (22.95% of the settlement) plus disbursements and taxes was approved, recognizing the significant risk undertaken and the results achieved.