Shanti E. Barclay

The plaintiff sought to continue an ex parte Mareva injunction and certificates of pending litigation (CPLs) against the defendant, Mornan, in relation to an $8 million cellphone robbery.

Mornan brought a cross-motion to set aside the orders.

The court found the plaintiff failed to make full and frank disclosure on the original ex parte motion, misstating the defendant's criminal charges and involvement.

The court also found the plaintiff failed to establish a strong prima facie case or a real risk of dissipation.

The Mareva injunction and CPLs were set aside, and the defendant was awarded full indemnity costs.

The defendants brought a motion to transfer a class action regarding alleged systemic abuse at a psychiatric facility from Toronto to Barrie.

The court applied a holistic approach to the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.

While Barrie had proximity to the facility and witnesses, the Regional Senior Justice noted that due to courtroom availability and backlog, a trial in Barrie might ultimately be moved elsewhere in the Central East Region.

The court concluded that Toronto's judicial resources and specialized class action judges would better ensure a just and expeditious determination.

The motion to transfer was dismissed.

The plaintiffs suffered a fire at their home and submitted a claim to their insurer, the defendant.

A dispute arose over repair and living expenses, leading the plaintiffs to issue a notice of action.

However, they failed to serve and file a statement of claim within the required 30 days.

The plaintiffs brought a motion for leave to extend the time to serve and file the statement of claim.

The defendant opposed, arguing the limitation period had expired.

The court granted the motion, finding that the defendant had been promptly notified of the loss, had investigated the claim, and would not suffer significant prejudice by the extension.