Divisional Court Quashes Port Authority Lawsuit as Abuse of Process

Stockwoods partner Brendean Van Niejehuis successfully persuaded the Divisional Court to uphold an order throwing out a lawsuit brought by the Hamilton Port Authority as an abuse of process.  The Port Authority attempted to sue Stockwoods clients and others to enforce the alleged rights of another party who had claimed – in an action dismissed in 2004 – the right to acquire certain shares in a company engaged in litigation against the Port Authority.  A unanimous Divisional Court agreed with the motions judge that this was an abuse of the court’s process, and further, that the Port Authority had no interest to justify it seeking relief as an “aggrieved person” under section 250 of the Business Corporations Act.  To read the decision,click here.

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Paul Le Vay

Brian Gover

Luisa Ritacca

Brendan van Niejenhuis

Samuel M. Robinson

Andrea Gonsalves

Gerald Chan

Nader R. Hasan

Edward (Ted) Marrocco

Justin Safayeni

Fredrick Schumann

Carlo Di Carlo

Stephen Aylward

Ryann Atkins

Karen Bernofsky

Caitlin Milne

Gillian Moore

Dragana Rakic

Spencer Bass

Zachary Al-Khatib

Ephry Mudryk