In Yates v. Iron Horse Corporation, the Court allowed the appellant’s appeal from the motion judge’s refusal to dismiss the respondents’ defamation counterclaim on an anti-SLAPP motion. The Court held that the motion judge erred in the s. 137.1(4)(b) weighing exercise by permitting the counterclaim to proceed despite the absence of evidence of harm or causation, contrary to the Supreme Court’s decision in Hansman. The Court dismissed the counterclaim, awarded statutory damages under s. 137.1(9) of the Courts of Justice Act, and granted full indemnity costs.
In Foodies Curry & Shawarma Inc. v. Royal Paan Leasing Ltd., the Court allowed the appeal, finding that procedural fairness was denied where the application judge granted restitution for unjust enrichment without prior notice, on an insufficient evidentiary record and where the appellant was not given an opportunity to make submissions on that issue.
In Carter v. Carter, the Court dismissed the appeal in a family law matter. It upheld the contempt finding and 90-day custodial sentence, determining that the Mareva/preservation order was clear and operative, the appellant had actual knowledge, and he intentionally moved funds through multiple accounts in breach of the order.
In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., the Court upheld a temporary stay of proceedings to enforce a foreign arbitral award until an Italian court determined whether the respondent to the Ontario proceeding was liable under the arbitral award, which had been made against a separate legal entity.
In Mellace v. Mellace, the Court allowed an appeal in a shareholder oppression case. The Court found that the application judge had made palpable and overriding errors of fact in rejecting the wife’s evidence over the evidence of the husband and sons, and failed to address the presumption of resulting trust.
In Lamba v. Ontario (Trust in Real Estate Services Act 2002, Registrar), the Court dismissed a motion for an extension of time to seek leave to appeal from a Divisional Court decision that had dismissed a judicial review application of a decision to revoke a real estate broker’s licence.
In Seferovic v. 285 Spadina SPV Inc., the Court confirmed that a vexatious litigant order remained operative unless reversed or stayed and that leave was required to bring any motions, including motions within an appeal.
In Rabinowitz v. 2528061 Ontario Inc., an appeal was allowed in part, with the Court finding that the 12% interest charged under a mortgage did not offend the Interest Act.