Adil Mudasser Habib

The plaintiff, Anderson Sheet Metal Ltd., brought a summary judgment motion against the defendant, Comtract Air Compressors Inc., for unpaid invoices.

The central issue was whether an email exchange between the parties refreshed the two-year limitation period under the Limitations Act, 2002.

The court found that the email exchange constituted a clear and unequivocal acknowledgment of the debt for some, but not all, outstanding invoices.

The court also determined the appropriate interest rate for the successful claims.

The plaintiff, a not-for-profit organization, moved for default judgment against two defendants, Darren Pennock (former Executive Director) and Nancie Parker, whose statements of defence were struck.

The plaintiff alleged Pennock committed extensive fraud and breach of fiduciary duty by misappropriating funds, and that Parker was liable for knowing assistance, willful blindness, and unjust enrichment.

The court granted judgment for damages, prejudgment interest, and punitive damages against Pennock, declaring the judgment non-dischargeable in bankruptcy due to fraud and breach of fiduciary duty.

The applicant, Universal Engineered Restoration, brought an application under Rule 14 for the distribution of $305,987.52 held in the trust account of the respondent lawyer, Harpreet Khukh, due to competing claims from other respondents, Ayman Mohammed Alkhatib and 8995079 Canada Inc. Mr. Khukh had paid the funds into court.

On consent of the parties, the application was converted into an action, with Universal to deliver a Statement of Claim and the other respondents to deliver a Statement of Defence and Counterclaim.

The application was dismissed without costs against Mr. Khukh, and costs of the proceeding to date were ordered to be in the cause of the converted action.