TSI (No. 2)


Peter Simm drafted the winning Factum of the Moving Party (Plaintiff / Defendant by Counterclaim) on the motion to strike in TSI (No. 2)  (Ont. Sup. Ct., 2016; varied only as to the granting of leave to amend pleadings, Ont. C.A., 2017).

As requested, Justice LeMay dismissed the defence of unclean hands, and also dismissed a $200K Counterclaim which alleged abuse of process, as both clearly lacked merit, per Rule 21. He accordingly also struck 27 paragraphs of the Statement of Defence & Counterclaim.

The Court of Appeal varied that ruling only to the extent of granting the Defendants leave to amend their pleadings.

Full cite: TSI International Group Inc. v. Formosa (No. 2),  2016 ONSC 3750, 2016 CarswellOnt 8958, [2016] O.J. No. 3019 (Ont. Sup. Ct.), per LeMay J.; varied only as to granting the Defendants leave to amend their pleadings, 2017 ONCA 261, 2017 CarswellOnt 4255, [2017] O.J. No. 1561. (Orally argued by R. Taylor.) (Simm did not participate in the appeal, but his Factum for the motion contained the basis for the defence of the merits of Justice LeMay’s decision in the Factum of the Respondent (Plaintiff/Moving Party) on Appeal.)