William C. McDowell

The applicants, several humane societies, challenged the governance model of the respondent provincial animal welfare society.

After the respondent successfully resisted the application following a membership vote, the parties sought costs.

The applicants argued they should be shielded from costs as public interest litigants.

The court rejected this argument, finding the dispute was primarily about internal governance and control rather than a matter of public importance.

The court apportioned costs based on the stages of litigation and ordered the applicants (excluding one that withdrew) to pay $100,000 in costs to the respondent.

York University sought security for costs of an appeal brought by Michael Markicevic, who was found at trial to have defrauded York of over $1.8 million and made fraudulent conveyances of property.

Markicevic appealed on two grounds: the validity of a mutual release signed upon his termination and whether York's claims were statute-barred.

The motion judge ordered security for costs of $75,000 under Rule 61.06(1)(c), finding that while the appeal was not frivolous and vexatious, the unchallenged findings of fraud and asset dissipation constituted compelling "other good reason" to order security despite Markicevic's impecuniosity.

The applicants sought a Norwich Order against the respondent university to obtain documents and information regarding DNA testing of the applicants' chicken products.

The testing was featured in a media broadcast that the applicants alleged was defamatory.

The court dismissed the application, finding that the applicants had already identified the prospective defendants and could obtain the necessary information through the normal discovery process in their existing or planned litigation against the broadcaster and the university.

However, the court ordered the university to preserve the relevant evidence.

The Court dismissed Google’s appeal and upheld a worldwide interlocutory injunction requiring de-indexing of websites used to sell products in breach of court orders.

The majority held courts may grant global injunctive relief against a non-party where necessary to prevent ongoing irreparable harm and where balance of convenience favours relief.

The dissent agreed jurisdiction existed but would have refused the order as effectively final, insufficiently proven effective, and available alternatives remained.

The respondents brought a motion to prohibit the applicant's lawyers from acting, alleging a conflict of interest due to confidential information shared with a lawyer associated with the applicant's firm prior to the current retainer.

The court dismissed the motion, finding that the respondents had voluntarily and intentionally disclosed the purportedly confidential information in their public motion record and during cross-examination.

This disclosure was deemed a waiver of any privilege and confidentiality, thereby negating the basis for the conflict of interest claim.

The court also dismissed the request to seal the motion record.

The defendant in a civil action for sexual assault brought a motion seeking a declaration that he had not breached the deemed undertaking rule (Rule 30.1.01) or, alternatively, an order to exempt certain documents from it.

The defendant's civil counsel had provided the plaintiff's compelled documentary productions, including sensitive medical and counselling records, to his criminal defence counsel for use in parallel criminal proceedings to impeach the plaintiff's credibility, without prior notice or court directions.

The court dismissed the motion, holding that the impeachment exception in Rule 30.1.01(6) is not automatic and requires parties to seek directions from the civil court, ordinarily on notice to the producing party, before using discovery evidence for impeachment in another proceeding.

The court found that the defendant had breached the deemed undertaking.

Following a trial where the plaintiff university successfully proved that the defendants engaged in fraudulent activities and breached their fiduciary duties, the parties could not agree on costs.

The court awarded the plaintiff full indemnity costs against the primary defendants who orchestrated the fraud, and partial indemnity costs against the defendants involved only in fraudulent conveyances.

No costs were awarded for earlier motions due to divided success.

The plaintiff university brought an action against its former Assistant Vice-President and Director of Maintenance, alleging they orchestrated multiple fraudulent schemes, including false invoicing, kickbacks, and using university resources for personal residence improvements.

The court found the defendants liable for fraud and breach of fiduciary duty, ordering them to pay damages.

The court also voided the transfer of the primary defendant's properties to his family members as fraudulent conveyances and rescinded his severance agreement due to material non-disclosure of his fraudulent activities.

The defendants moved to set aside service ex juris and stay a defamation action brought by an Ontario resident against an Israeli newspaper and journalists regarding an article published online.

The court held that Ontario had jurisdiction simpliciter because the alleged defamatory article was read by individuals in Ontario, establishing a presumptive connecting factor through the commission of the tort in the province.

The defendants failed to rebut the presumption of jurisdiction and did not demonstrate that Israel was a clearly more appropriate forum under the forum non conveniens analysis.

The plaintiff’s undertaking to limit damages to reputational harm suffered within Canada, the availability of jury trials in Ontario, and fairness considerations supported Ontario as the proper forum.

The court also rejected the argument that the action constituted an abuse of process due to minimal publication in Ontario.

The respondent franchisor brought a motion to stay an application commenced by franchisees and a related property owner, arguing that disputes concerning a licence agreement and a right of first purchase should be determined by arbitration pursuant to an arbitration clause.

The court considered the competence‑competence principle and whether the dispute fell within the scope of the arbitration clause.

Because the property owner was not a party to the licence agreement or arbitration clause, the issue of whether the right of first purchase extended to the property could not be arbitrated.

The court also noted that another dispute regarding licence fees was expressly excluded from arbitration and that bifurcating the issues would be inefficient given a pending transaction deadline.

The motion to stay the proceeding in favour of arbitration was dismissed.

Following a successful trial, the plaintiff sought costs and disbursements against the defendant.

The defendant largely agreed with the plaintiff’s bill of costs but raised objections concerning certain travel expenses and the calculation of prejudgment interest.

The court held that the plaintiff was entitled to airfare to attend the trial but not travel costs for the pre‑trial hearing because participation could have occurred by teleconference.

The court also required proper receipts corresponding with trial dates and adjusted prejudgment interest to reflect a 16‑month period rather than the 19 months claimed.

Subject to those adjustments, the plaintiff was awarded the costs and disbursements set out in the bill of costs.

Requests for directions were brought regarding the disposition of documents generated in the Independent Assessment Process established under the Indian Residential Schools Settlement Agreement.

The moving parties sought guidance on whether the documents, which contained highly sensitive narratives of abuse and personal information, should be archived or destroyed.

The court held that the documents were confidential, subject to the implied undertaking and the law of breach of confidence, and were created for a private adjudicative process.

Interpreting the settlement agreement and exercising supervisory jurisdiction over the class action settlement, the court concluded the documents must ultimately be destroyed after a retention period.

During the retention period, claimants must be notified of their option to consent to the transfer of redacted records to the National Research Centre for Truth and Reconciliation.

A former employee sought enforcement of a severance settlement reached following termination without cause after the employer refused payment upon later discovering a shortfall in funds related to an employee social committee activity.

The employer conducted an internal investigation and asserted after-acquired cause, alleging theft and material nondisclosure during settlement negotiations.

The court found the investigation inaccurate and unreliable, noting the employee had not admitted theft and the criminal charge had been withdrawn without admission.

The conduct occurred in relation to an informal arrangement unrelated to the employee’s job duties and was accompanied by an intention to repay the funds.

The employer failed to establish just cause or grounds to rescind the settlement.

In a receivership-related motion arising from alleged fraudulent investment activities, the receiver sought authorization to utilize frozen funds held by entities subject to prior court orders to pay ongoing investigation costs.

The court held that the circumstances differed from typical insolvency proceedings because many affected entities were not parties and no specific allegations had been pleaded against them.

Exercising discretion under the prior freezing order, the court declined to allow prepayment of the receiver’s investigative expenses from the frozen funds.

The court also rejected a request for a sealing order due to the strong presumption of open courts but granted a confidentiality order restricting the receiver from voluntarily providing information to tax or criminal authorities.

Costs were not awarded due to divided success.

The plaintiffs sought an interlocutory injunction to restrain the defendant from selling an independent medical examinations business to a competitor.

The plaintiffs argued the defendant breached a contractual duty of good faith by failing to negotiate a sale with them and by not offering a right to match the competitor's offer.

The court dismissed the motion, finding no serious issue to be tried as the defendant had fulfilled its limited obligation to offer a first right of negotiation and was not required to provide a right to match.

The court also found the balance of convenience favoured the defendants.

The applicant, a municipal deputy fire chief, brought a motion seeking an order that the municipality pay his advanced legal costs relating to a whistleblower complaint and a public interest application alleging municipal conflict of interest by the mayor.

The court considered whether the municipality’s whistleblower policy contained an implied term requiring reimbursement of legal fees and whether advanced costs should be awarded under the test from British Columbia (Minister of Forests) v. Okanagan Indian Band.

The court held there was no basis to imply a contractual term requiring the municipality to fund legal counsel for whistleblowers where the policy was silent on such payments.

Applying the Okanagan test, the court found the applicant was not impecunious and had the ability to fund the litigation himself.

Although the allegations involved public officials, the issues did not reach the level of broad public importance required for an advanced costs order.

In a preliminary inquiry, the Crown sought committal of two bar owners for manslaughter and criminal negligence causing death arising from a fatal motor vehicle collision.

The deceased driver, who had consumed alcohol at the defendants' licensed establishment, was found to have a blood alcohol level exceeding 200 milligrams percent at the time of the collision.

The Crown alleged violations of the Ontario Liquor Licence Act constituted unlawful acts supporting manslaughter charges, or alternatively, that the defendants' conduct amounted to criminal negligence.

The court discharged both accused, finding that violations of liquor licensing regulations, while potentially constituting unlawful acts, were not objectively dangerous as required by law, and that the evidence did not establish the marked departure from the standard of care necessary for criminal negligence.

In an appeal from Ontario, the appellants sought a stay of a defamation action on the basis of lack of jurisdiction and forum non conveniens.

The Court held that Ontario had a real and substantial connection because the alleged tort was published in Ontario and the plaintiff pleaded publication and reputational harm in that forum.

The Court also held that the appellants failed to show Quebec was clearly more appropriate, giving deference to the motion judge’s discretionary forum analysis.

The Court discussed concerns about forum shopping and noted, without deciding, that choice-of-law rules in multijurisdictional defamation may warrant future refinement.

The appeal was dismissed with costs.

On a motion for directions in an application concerning settlement agreements related to the Ambassador Bridge between Windsor and Detroit, the moving parties sought broad documentary production from the federal government.

The court addressed disputes over the scope of relevance and proportionality in documentary disclosure within an application proceeding.

The court held that production must be limited to documents relevant and probative to interpreting the settlement agreements and their alleged ongoing obligations, rejecting requests for expansive historical government policy and legislative background materials.

The court provided guidance on specific document categories, directed the parties to exchange lists of litigation records from prior Canadian and U.S. proceedings, and required further review of settlement negotiation materials.

Directions were also given to narrow issues, schedule cross-examinations, and coordinate related proceedings.