Daniel Naymark presented as a member of a panel at a webinar organized by the Canadian Network of National Associations of Regulators, on the subject of regulating professionals facing addiction and mental health issues. This was an update of a presentation at CNAR’s 2019 annual conference in the fall of 2019, which had been ranked among the conference’s top 5 presentations by conference attendees.
On May 20, 2020, Justice Perell of the Superior Court issued a decision invalidating the Conservative Party of Canada’s disqualification of conservative leadership candidate Jim Karahalios from the CPC’s leadership contest. The Court found that the Party’s appeals committee which had disqualified Mr. Karahalios did not have the power to do so. The Court granted summary judgment in favour of Mr. Karahalios accordingly, and also requiring the CPC to return Mr. Karahalios’ campaign donations in the possession of its fundraising arm in accordance with the leadership contest’s rules.
Daniel Naymark and Jamie Gibson represented Mr. Karahalios on his successful challenge. The Court’s ruling is available here.
The Superior Court struck out a claim brought by an immigration consultant, Mr. Dean, against a number of other immigration consultants who had filed complaints about Mr. Dean’s conduct with their regulator, the Immigration Consultants of Canada Regulatory Council. The Court found that Mr. Dean’s allegation that the complainants had conspired with the regulator to unlawfully remove Mr. Dean from the regulator’s board of directors had no chance of success and should not proceed forward. Jamie Gibson successfully represented the complainant immigration consultants who obtained the ruling striking out Mr. Dean’s claim against them, which is available here.
On April 13, 2020, Justice Perell of the Superior Court of Justice rejected the Conservative Party of Canada’s request that the Court strike out an urgent judicial challenge by CPC leadership candidate Jim Karahalios, in which he is asking the Court to invalidate his disqualification from the leadership contest. The Party relied in part on an argument that the Party’s own internal rules prevent candidates from challenging the Party’s decisions. Justice Perell ruled that Mr. Karahalios’ challenge can proceed and set an expedited timetable for it to be heard on May 15.
Daniel Naymark and Jamie Gibson act for Mr. Karahalios. The ruling can be found here.
The Superior Court of Justice has granted judgment for $367,000 against the majority shareholder of a company, for inducing his longtime partner and minority shareholder into transferring his shares for no money after he was diagnosed with a degenerative cognitive disease. The Court found that the respondent’s actions were oppressive, unconscionable, and deceitful. The case also involved an assessment of the unsettled procedural question of the Court’s jurisdiction to award damages on an application. Daniel Naymark and Terrence Liu acted for the applicant’s estate.
The Court’s endorsement is available here.
On November 1, 2019, the Superior Court granted an emergency Mareva injunction freezing the assets of the former accountant of a company who had misappropriated over $300,000 in company funds. Daniel Naymark and Jamie Gibson successfully represented the company in obtaining and later extending this freezing order.
[Update:] On March 16, 2020, the Superior Court granted default judgment against the ex-employee and his former girlfriend, alleged to have helped him misappropriate the company funds, when they did not defend against the allegations. The Court ordered both of them to repay the misappropriated funds to the company and also awarded damages against the ex-employee caused by his failure to pay invoices on the company’s behalf and by his other misconduct.
The Court’s endorsements granting the Mareva injunction and judgment are available here and here.
Daniel Naymark presented on October 30, 2019 at the Canadian Network of National Associations of Regulators’ 2019 annual conference in Quebec City. Daniel spoke on a four-member panel on the subject of regulating professionals facing addiction and mental health issues.
The Law Society Tribunal has maintained the license of a paralegal, which the Law Society of Ontario moved to suspend on an interlocutory basis. The Law Society Tribunal ordered that existing restrictions on the paralegal’s license are to be lifted once he completes an interview with the Law Society. Daniel Naymark and Terrence Liu acted for the paralegal in his successful defence over a three-day hearing.
The Tribunal’s ruling is available here.
The Ontario Superior Court of Justice granted a $240,000 judgment for a breach of contract between two financial technology companies in the car insurance industry. Terrence Liu acted for the successful applicant. The case involved the interpretation of termination and minimum purchase provisions in the parties’ contract.
The endorsement is available here.
Jamie Gibson has joined Naymark Law as an associate.
Jamie is a 2012 call with a broad civil, commercial and regulatory litigation practice and experience at all levels of court in Ontario and before administrative tribunals.
Before joining Naymark Law, Jamie was litigation counsel for the Ontario Securities Commission, where he carried out administrative prosecutions under the Securities Act. Prior to that, Jamie worked as a law clerk at the Supreme Court of Canada and as an associate at a litigation boutique and a large national law firm.
Check out Jamie’s bio here.
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