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Jury notice struck due to widespread negative pre-trial publicity against the defendant bridge owner.
The defendant, owner of the Ambassador Bridge, brought a motion to strike the jury notice in a nuisance action commenced by property owners in Old Sandwich Town.
The plaintiffs claimed the defendant unlawfully allowed properties it purchased to deteriorate, reducing property values.
The defendant argued that widespread negative, defamatory, and accusatory pre-trial publicity in Windsor regarding its conduct and motives made it impossible to find an impartial jury.
The court agreed, finding a real danger that the cumulative effect of over a decade of negative commentary could predispose jurors against the defendant.
The motion was granted and the jury notice was struck.
A shareholders' agreement restricting share transfers does not render a specific testamentary bequest of shares void.
The testator bequeathed his shares in a family business to his sister.
A brother challenged the bequest, arguing it violated a shareholders' agreement restricting share transfers.
The trial judge found the bequest null and void.
On appeal, the Court of Appeal held that contractual obligations do not constrain a person's ability to bequeath property by will.
Under section 67(2) of the Business Corporations Act, the estate trustees are entitled to be treated as registered security holders.
While the estate trustees are bound by the shareholders' agreement and cannot immediately distribute the shares without compliance, this does not render the bequest void.
The appeal was allowed.
