This was a skirmish in this particular theatre of war between the two sides. There appear to be four other sectors in which hostilities exist among the parties and their allies. The subject litigation involves a valuation of the applicants' share interest in the respondent. The other litigation revolves around alleged fraudulent conveyances, breach of contract, breach of fiduciary duties, oppression, debt, misuse of confidential information and fraud.
…
I pause to note that both sides are sadly months out of touch with their agreed timetable. Skirmishing under most circumstances is not a worthwhile litigation activity; under these circumstances it is to be deplored. I would think it useful for both sides to accept mutual full responsibility for past problems, to work out an effective overall agenda and timetable and to get on with material litigation in a cooperative way so as not to take up time which might be more effectively used to resolve the disputes of other litigants.
Madeleine Mines Ltd. v. New Golden Sceptre Minerals Ltd. |
1994 CarswellOnt 2237 |
Ontario Court of Justice