RECENT CASES

Mazza v. Gucciardi

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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Podolsky v. Cadillac Fairview et al.

Successfully obtained acquittals in three charges brought against The Cadillac Fairview Corporation Limited and related entities in a private prosecution by an environmental group (Ecojustice) for alleged violations of the Environmental Protection Act, Species at Risk Act, and Ontario Society for the Prevention of Cruelty to Animals Act. Ecojustice alleged that the Defendants were guilty of these charges because they owned or managed a building complex with reflective glass windows causing bird strikes. Cadillac Fairview was found not guilty on all counts.

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Two-Tyme Recycling Inc. v. Woods

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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Bell Canada v. Rogers Cable Communications Inc. et al. (Fastest and Most Reliable)

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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Bell Canada v. Rogers Cable Communications Inc. et al. (Rainy Day Campaign)

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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The Official Committee Of Unsecured Creditors Of Magna Entertainment Corp. v. MI Developments, Inc. et al.

Successfully resisted and circumscribed the scope of a deposition sought pursuant to a Letter of Request issued by the United States Bankruptcy Court for the District of Delaware in connection with complex litigation commenced in the United States by bondholders of Magna Entertainment Corp.

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Two-Tyme Recycling Inc. v. Woods

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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Bell Canada v. Rogers Communications Inc. et al. (Check Your Speed Campaign)

Successfully defeated a motion by Bell Canada 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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Woods v. Two-Tyme Recycling Inc.

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