S. Kugler

The defendants brought motions for summary judgment to dismiss a proposed class action alleging a price-fixing conspiracy regarding liquid crystal display (LCD) panels.

The defendants argued the claims were statute-barred under the Limitations Act, 2002 and the Competition Act, and constituted an abuse of process.

The court dismissed the motions, finding that there were genuine issues requiring a trial regarding when the plaintiff knew or ought to have known of the claims (discoverability).

The court also held that the discoverability principle applies to the limitation period in s. 36(4) of the Competition Act.

The defendants brought motions for summary judgment to dismiss the plaintiffs' action arising from a shotgun buy-sell offer in a partnership dispute.

The plaintiffs claimed the offer was invalid, and alleged breach of contract, breach of fiduciary duty, and oppression.

The court found that the shotgun buy-sell offer was valid and complied with the partnership agreement.

The court also dismissed the claims for breach of fiduciary duty and oppression, finding that the defendants were entitled to exercise their contractual rights.

However, the court directed a trial on three specific breach of contract issues relating to closing arrangements and the calculation of net earnings.