Theodore Milosevic

JSC Chukotka Mining and Geological Company (Chukotka) sought to recognize and enforce an arbitral award issued by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC) against Medivolve Inc. (Medivolve).

Medivolve opposed this application and brought a cross-application to set aside the arbitral award, arguing improper notice of the arbitration proceedings, inability to present its case, and unequal treatment by the arbitral tribunal.

The court found that Medivolve had received proper actual notice of the arbitration, despite courier delivery failures, and that its own dilatory actions contributed to its alleged inability to present its case.

The court also determined that the tribunal did not treat the parties unequally.

Consequently, the court granted Chukotka's application to recognize and enforce the arbitral award and denied Medivolve's application to set it aside, awarding costs to Chukotka.

The appellants appealed the dismissal of their motion to certify a national class proceeding against major online accommodation booking platforms for alleged systemic misleading advertising practices.

The appellants sought nominal damages, punitive damages, and disgorgement under consumer protection legislation, explicitly disclaiming compensatory damages.

The Divisional Court upheld the motion judge's finding that it was plain and obvious these remedies were unavailable under the Consumer Protection Act without proof of individual compensatory harm.

The appeal was dismissed.

The appellants appealed an approval and vesting order that authorized a receiver to sell a property in receivership.

One of the appellants, a second mortgagee, sought to redeem the first mortgage or be recognized as a successful creditor bidder, arguing an absolute right to redeem under the Mortgages Act.

The Court of Appeal dismissed the appeal, affirming the motions judge's decision that the right to redeem is qualified once a court-approved sales process has been undertaken in a receivership.

The court emphasized balancing the right to redeem against the integrity of the court-supervised sales process, finding no error in the motions judge's conclusion that the sales process was fair and the balance favoured its integrity.

On a certification motion in a proposed national class action concerning online travel and accommodation booking websites, the moving parties alleged misleading search result, discount, and urgency practices under the Competition Act, consumer protection statutes across Canada, and unjust enrichment.

The court held the pleaded statutory and restitutionary claims were legally deficient, including because the remedies pursued were unavailable, reliance and compensatory loss were not properly established where required, and several provincial and territorial claims were not properly pleaded.

The court also held there was no some basis in fact that two or more class members suffered compensable harm, as the alleged injury was disappointment from not choosing psychologically or economically preferable accommodation.

Aggregate damages and punitive damages were not certifiable common issues, and a class proceeding was not the preferable procedure.

In the context of a shareholder proxy fight, the applicants sought an order declaring the dissident shareholders' proxy circulars materially misleading and invalidating their proxies.

The dissident shareholders brought a motion seeking to hold the upcoming shareholders meeting virtually and to appoint an independent chair.

The court dismissed the application, finding the circulars were not materially misleading.

The court allowed the motion in part, refusing to mandate a purely virtual meeting but appointing the dissidents' proposed independent chair after finding the applicants deliberately breached a prior court order by unilaterally appointing their own chair.