29 Mar 2023
Grid Link Corp. v. Foglia et al
In the case of Grid Link Corp. v. Foglia et al, dated March 29, 2023, defendants Sebastiano Foglia and Ian Michael Staal, Staal Irrigation Incorporated, and Staal Utility Inc. filed a motion to dismiss or permanently halt the plaintiff's action. They claimed that the plaintiff, Grid Link Corp, intentionally breached the common law deemed. Grid Link had countered, asserting that no breach had occurred, but if found guilty of breach, it had sought relief from the consequences through a cross motion.
The background had revealed that Grid Link had sued Foglia, a former executive and minority shareholder, and the Staals for allegedly misappropriating millions. The dispute had stemmed from a matter at the Ontario Labour Relations Board that had been initiated by a trade union. The union had pursued a business application involving Grid Link and the Staals.
The main contention had been whether Grid Link had violated the deemed undertaking rule by utilizing documents from the OLRB proceedings in their lawsuit. The Staals had argued that the breach empowered them to request a dismissal or stay of the action. Grid Link's position had hinged on whether their use of the documents was justified given their prior knowledge.
The court had acknowledged the grey area of the case and had concluded that the relief sought couldn't be granted due to the specifics of Rule 30.1.01(2). As a result, the motion had been rejected, and no costs had been awarded due to the novel and ambiguous nature of the case.