TSI (No. 1)

Peter Simm was co-counsel in TSI (No. 1)  (Ont. Sup. Ct., 2015) for the successful Moving Party (Plaintiff) on this crucial motion, brought on notice, for interlocutory injunctions and Anton Pillar orders against four individuals and two corporations.

In making “essentially a final determination in the action with respect to most of the Defendants”, Justice Ricchetti found the Moving Party had established a strong prima facie  case of breach of fiduciary and contractual duties, theft of confidential information, and usurping of corporate opportunity. He later awarded Simm’s client very significant costs, for which he made all Defendants jointly and severally liable.

This motion is cited in 5 Canadian legal textbooks, 2 judicial decisions, and 3 accredited CPD papers.

Full cite: TSI International Group Inc. v. Formosa  ,   2015 ONSC 1138, [2015] O.J. No. 816, 2015 CarswellOnt 2374 (Ont. Sup. Ct.). (Co-counsel with R. Taylor.)