William John Michael Denham

The court addressed two competing motions arising from overlapping proceedings: an application commenced by 9165-6462 Quebec Inc. in Sudbury seeking enforcement of a Transfer Agreement and declarations regarding share ownership, and an action commenced by the plaintiff in Cochrane seeking declarations that the Transfer Agreement is void and that he remains the owner of shares in the DJB companies.

The plaintiff sought to consolidate the proceedings and transfer them to Cochrane, while 9165 Inc. sought to stay or dismiss the action in favour of the application.

The court found that permitting the action to proceed would constitute an abuse of process and an improper collateral attack on a prior judicial order declining to transfer the application.

The court stayed the action against 9165 Inc. pending resolution of the application and dismissed the consolidation motion without prejudice.

This case involved cross-applications concerning the distribution of fire insurance proceeds following significant damage to a shared property.

Bonny Bunda sought the release of approximately two-thirds of the funds held in trust, while Andrew Carry requested all funds be paid into court and a reference for distribution.

The court granted Bonny Bunda's application, ordering a specific amount released to her and the remainder paid into court for resolution in Small Claims Court.

The court determined that an email from Andrew Carry's counsel, stating his claim amount, was not a without prejudice communication and could be relied upon.