1797472 Ontario v Independent Electricity System Operator involved the contractual interpretation of agreements for the purchase by IESO (an Ontario Crown corporation) of electricity generated by privately owned solar panels under the government’s “feed-in-tariff” program.
Burjoski v. Waterloo Region District School Board was an appeal from a motion judge’s refusal to dismiss a defamation claim under the Anti-SLAPP provisions of s. 137.1 of the Courts of Justice Act. The Court agreed with the motion judge that the defamation claim had merit and reiterated that s. 137.1 of the CJA is designed merely as a screening tool to eliminate only abusive actions. It remains curious why there appears to be an automatic right of appeal from a dismissal of an Anti-SLAPP motion, whereas in the case of the dismissal of a motion for summary judgment, there is no automatic right of appeal.
In Paracha v. Naqi Construction Ltd., the respondents were found by the court below to be investors and part owners in properties for which they had advanced funds to the appellants. The Court dismissed the appeal, affirming the trial judge’s findings that the funds were advanced as investments in the properties rather than as loans to the appellants.
Other topics covered this week included several family law decisions, the dismissal of an appeal from a summary judgment ordering payment on a promissory note, enforcement of costs in a defamation action, the dismissal of a motion to review an order made in a medical malpractice action and extension of time to appeal in an estates matter.