Shane Donald Thompson Marston

The defendants, Clyde Zhang and City of Vaughan, brought a motion under Rule 2.1.01(6) of the Rules of Civil Procedure to dismiss the plaintiff's action as frivolous, vexatious, or an abuse of process.

The plaintiff, Xiao Hong Ye, had filed a claim alleging nuisance from an outdoor condenser unit owned by Zhang and negligence/breach of duty of care by the City of Vaughan for failing to enforce by-laws.

The court, applying the robust interpretation of Rule 2.1, found that the plaintiff's claim presented a possible action and was not one of the 'clearest of cases' warranting dismissal at this preliminary stage.

The court refused to grant the defendants' requested relief, noting that other remedies were available to address potential limitation issues or lack of duty of care.

The moving parties sought leave to appeal the order of Doi J. dated October 12, 2023.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the responding party in the fixed amount of $4,746.00.

The appellant, a former employee, appealed a lower court decision regarding a share purchase agreement with his former employer.

The dispute centered on interest payments, alleged breach of good faith, and repudiation of the agreement.

The application judge found no breach of good faith or repudiation, ordered payment of overdue interest, T5 form corrections, and post-judgment interest, but denied pre-judgment interest.

The Court of Appeal upheld the findings on good faith and repudiation, affirming that the employer's failure to pay some interest did not constitute repudiation as principal payments continued.

However, the Court of Appeal reversed the lower court's decision on pre-judgment interest, ordering it at the rate set out in the agreement.