Successfully argued that our client’s lease is a “true” lease, and not a “finance” lease, in the context of proceedings under the Companies’ Creditors Arrangement Act (“CCAA”). After the initial order was granted, the respondent lessee continued to use the vehicles, but took the position that it was not required to make payment for such use, as the lease was in essence a financing lease and not an operating (true) lease under the CCAA. The Court of Queen’s Bench of Alberta held that the lease is a true lease, and therefore the lessor is entitled to require payment for the use of the leased property, in accordance with section 11.01(a) of the CCAA.Read Decision
Awarded costs of $8,500 with respect to a successful motion to compel the defendant to produce a particular individual as its corporate representative for examinations for discovery.
Successfully transferred a proceeding improperly commenced at the Superior Court of Justice, Oshawa to the Superior Court of Justice, Toronto. The commencement of the proceeding in Oshawa was contrary to a forum and venue selection clause that provided for the exclusive jurisdiction of the Toronto courts. The court found that the forum and venue selection clause was determinative.
Successfully compelled the defendant to produce a particular individual as its corporate representative for examinations for discovery. The court held that the particular individual had sufficient knowledge about the matters in issue in the litigation, had direct involvement in same and, where he did not have personal knowledge, could adequately inform himself.Read Decision
Successfully brought a motion for particulars and inspection of documents as part of a claim alleging, among other things, fraud and conspiracy. The Plaintiffs were ordered to produce all particulars and documents.Read Decision
Successfully claimed damages for fraudulent misrepresentations by the vendors during negotiations for the purchase and sale of a Bell Canada retail store.
Successfully defeated a motion for summary judgment alleging that the Plaintiff, who had been advised to transfer the commuted value of his Teacher’s Pension Plan into an Individual Pension Plan, had suffered no damage.Read Decision
Successfully defeated a motion for summary judgment alleging an expired limitation period in a claim against a rogue investment advisor at a major international financial services company. The Defendants argued that the Plaintiffs were sophisticated investors and the action was out of time pursuant to the Limitations Act, 2002. The Court found that there was a genuine issue requiring a trial as to whether the Plaintiffs knew that they had a claim against the Defendants. The Court held that the test for discoverability is a fact-based analysis and contains discrete subjective and objective elements that should not be conflated.Read Decision
Awarded costs of $9,500 for the Plaintiff’s improper noting of the Defendants in default and obtaining default judgment without notice. The Plaintiff was well aware that the Defendants were actively defending the action. The Court held that the actions of the Plaintiff were less than civil and were not to be condoned.Read Decision
Successfully claimed costs of a seven-day trial on a substantial indemnity basis.