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Motion for stay of Small Claims Court order setting aside default judgment dismissed.
The applicant law firm obtained a default judgment in Small Claims Court against the respondent for unpaid legal fees.
The respondent successfully moved to set aside the default judgment, citing mental health issues that caused him to miss settlement conferences.
The applicant sought judicial review of the order setting aside the default judgment and brought a motion for a stay to prevent the release of funds held in trust from the sale of the respondent's home.
The Divisional Court dismissed the motion for a stay, finding that the applicant failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured a stay.
The court noted that there is no right of appeal from an interlocutory Small Claims Court order and judicial review cannot be used to circumvent this.
Interlocutory injunction to enforce restrictive covenants denied as clauses were overly broad and lacked proprietary interest.
The plaintiff employers brought a motion for an interlocutory injunction to enforce restrictive covenants against a former executive who resigned to join a competitor.
The plaintiffs sought to enforce non-competition, non-solicitation, and confidentiality clauses, and alleged the former employee misused confidential information by wiping a company laptop and using a USB device before returning it.
The Superior Court of Justice dismissed the motion, finding the plaintiffs failed to establish a strong prima facie case that the restrictive covenants were enforceable, as they lacked a proprietary interest and the clauses were overly broad and ambiguous.
The court also found no serious issue to be tried regarding the misuse of confidential information, no irreparable harm, and that the balance of convenience favoured the employee.
