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Motion to dismiss action as abuse of process denied, but defective claims struck with leave to amend and actions consolidated.
The defendants brought a motion to dismiss the plaintiffs' action as an abuse of process, or alternatively to strike certain claims and consolidate the action with a related proceeding in Newmarket.
The court declined to dismiss the action as an abuse of process, finding it involved new parties and different claims.
However, the court struck the impugned claims for failing to plead material facts, granting the plaintiffs leave to amend.
The court also ordered the two actions to be consolidated or tried together to avoid inconsistent findings regarding a unanimous shareholders' agreement.
The accused was acquitted of assault with a weapon but convicted of simple assault.
The accused was charged with Assault and Assault with a Weapon following an incident with his domestic partner.
The complainant alleged the accused threw vodka in her eyes and punched her during an argument.
The accused testified the vodka splash was accidental while attempting to take the glass from her, and denied punching her.
The court found the complainant's evidence regarding the punch was vague, uncertain, and unsupported by independent evidence, resulting in acquittal on the assault charge.
However, the court found the accused guilty of the included offence of simple assault under s. 266, finding that he used force to take the glass from the complainant without her consent, resulting in the vodka being splashed into her eye.
