RECENT CASES

Defeated an application to set aside an arbitral award

Successfully defeated an application to set aside an arbitral award obtained by the Respondent. The Respondent had made loans, whose repayment depended on completion of punch list items at each of two solar energy construction projects, to the Applicant. At arbitration, the conditions for repayment were found to have been satisfied and the Applicant was ordered to repay the loans to the Respondent. In reviewing the Arbitrator's decision, the Court found that the Arbitrator had not failed to decide an issue before him and had not denied the Applicant natural justice or procedural fairness. SkyPower sought leave to appeal from the Court of Appeal, but its application was dismissed.

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Obtained a discharge of two certificates of pending litigation

Successfully obtained a discharge of two certificates of pending litigation the Plaintiff had obtained by way of an ex parte motion. The Plaintiff transferred title to the subject properties to the Defendant in 1997. In the underlying action, the Plaintiff sought a declaration that the Defendant held these properties in trust for him. In discharging the certificates of pending litigation, the Court found that the Plaintiff had omitted a material fact, made an erroneous statement to the Court and misrepresented the contents of a letter from the Defendant's solicitor when he brought his ex parte motion.

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Successfully brought a motion for summary judgment

Successfully brought a motion for summary judgment on behalf of the corporate plaintiff for fraudulent conversion against two of its former employees. The Plaintiff was also granted tracing at law for all monies had and received by several family members of the former employees.

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Defeated a motion for an interlocutory injunction

Successfully defeated a motion by Bell Canada for an interlocutory injunction restraining Rogers Communications Inc. and Rogers Cable Communications Inc. from claiming their internet service is the “fastest” or the “most reliable”, based on allegations that Rogers’ advertising is false and misleading and in violation of the Competition Act and the Trade-marks Act.

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Defeated a motion for an interlocutory injunction

Successfully defeated a motion by Bell Canada for an interlocutory injunction restraining Rogers Communications Inc. and Rogers Cable Communications Inc. from claiming Rogers’ television, internet or wireless services are more reliably available than the comparable services provided by Bell Canada, based on allegations of false advertising violations of the Competition Act and the Trade-marks Act..

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Successfully resisted a motion to set aside a Mareva injunction

Successfully resisted a motion to set aside a Mareva injunction (obtained in relation to allegations of a substantial fraud) based on allegations of material non-disclosure in the initial ex parte application. The Court refused to set aside the injunction and, among other things, held that any omissions or errors in the initial application were neither material nor deliberate.

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Defeated a motion for an interlocutory injunction

Successfully defeated a motion for an interlocutory injunction restraining Rogers Communications Inc. and Rogers Cable Communications Inc. from claiming that, in contrast to Bell Canada, they provide internet speeds their customers can count on, based on allegations of false advertising and violations of the Competition Act and the Trade-marks Act and the tort of injurious falsehood.

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Successfully resisted a motion for an interlocutory injunction

Successfully resisted a motion for an interlocutory injunction by an officer and shareholder to halt the sale of a company pursuant to an asset purchase agreement containing a five-year non-competition clause, based on allegations of breach of fiduciary duty by the negotiating shareholder, the company, and its legal counsel.

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SUCCESSFUL REPRESENTATION