Adin Wagner

This endorsement addresses the awarding of full indemnity costs to the Defendants following the dismissal of the Plaintiffs’ defamation action under the anti-SLAPP provisions of the Courts of Justice Act.

The court found that several indicia of anti-SLAPP litigation were present, including a history of litigation against critics, a punitive purpose, and minimal damages.

The Plaintiffs did not provide costs submissions or arguments against the statutory presumption of full indemnity costs.

The court found the quantum of costs sought to be reasonable and noted that the Plaintiffs’ conduct increased litigation costs.

The Defendants were awarded $64,359.30 in costs, payable within 30 days.

The court dismissed a defamation action brought by UM Financial Inc., Omar Kalair, and Yusuf Panchbhaya against Ronald Butler and Butler Mortgage Inc. The plaintiffs alleged that a social media post by Mr. Butler defamed them by referencing a halal mortgage organization that "ripped off its clients years ago & embezzled people’s money." The court found that UM Financial lacked standing as an undischarged bankrupt, and that the impugned words did not refer to the plaintiffs specifically.

The court also found that the plaintiffs failed to show substantial merit to their claim, failed to show the defendants had no valid defences, and failed to demonstrate that the public interest in allowing the action to proceed outweighed the public interest in protecting the expression.

The action was dismissed under the anti-SLAPP provisions of the Courts of Justice Act.

The plaintiff, Ontario, brought a motion for leave to amend its statement of claim to increase damages, provide further particulars of alleged kickback schemes, and add additional defendants in a civil fraud action.

The defendants and proposed added defendants opposed the motion, arguing the proposed amendments lacked particularity, used vague 'and/or' formulations, and failed to meet the minimum level of material fact disclosure.

The court agreed that several proposed paragraphs were deficient as they did not clearly identify which allegations were made against which specific defendants.

The motion was dismissed, but the plaintiff was granted leave to renew its motion with a properly drafted amended pleading.

The plaintiffs, beneficiaries of their late mother's life insurance policy, brought a motion against the defendant trustee who had withheld the proceeds.

The defendant admitted to using the trust funds to purchase real estate in his own name under the mistaken belief he was a beneficiary.

The court ordered the defendant to immediately pay the remaining $389,559.39 to the plaintiffs, granted a certificate of pending litigation over properties purchased with the trust funds, and ordered the defendant to provide a full accounting within 60 days.

Following a successful motion for summary judgment in a fraudulent conveyance action, the plaintiff sought costs on a substantial indemnity scale against the defendants and the intervenor.

The court noted the defendants' delay tactics, unfounded allegations of fraud, and lack of credibility.

The court awarded the plaintiff costs of $175,000 against the defendants and $30,000 against the intervenor, finding the amounts reasonable given the complexity introduced by the defendants' failed defenses.

The plaintiff brought a motion for summary judgment to declare the transfer of a property from the judgment debtor to his spouse as a fraudulent conveyance.

The transfer occurred shortly after a draft judgment of $1.5 million (U.S.) was released against the debtor.

The defendants argued the plaintiff lacked standing, the action was statute-barred, and counterclaimed for slander of title.

The court found the transfer was a fraudulent conveyance intended to defeat creditors, dismissed the defendants' motion to adduce new evidence, dismissed the counterclaim, and granted summary judgment in favour of the plaintiff, including a tracing order to a subsequently purchased property.