Adriana Carnevale

The plaintiff and a defendant mortgagee brought a motion for summary judgment and distribution of sale proceeds paid into court following the sale of two properties by power of sale.

The court found that the defendant owners had engaged in fraudulent conduct, including registering sham mortgages and fraudulently discharging a valid mortgage, to defeat creditors.

The court granted summary judgment, reinstated the fraudulently discharged mortgage, and ordered the distribution of the sale proceeds to the valid mortgagees, including their legal costs on a complete indemnity basis.

The defendants brought a motion to dismiss a construction lien action for delay.

The plaintiff contractor registered a lien in 2012 but took no steps in the proceeding for over seven years after setting it down for trial.

The court found the delay to be inordinate and inexcusable, noting the summary nature of construction lien actions.

The court also found the delay caused actual prejudice to the defendants, as their key witnesses' memories had faded and records were lost.

The motion was granted, the action was dismissed, and the lien was discharged.

The plaintiff, Insight Merchandising LLC, brought an action against the defendant, 2072223 Ontario Limited (CDA), for unpaid commissions related to a Walmart project.

CDA denied owing commissions and counterclaimed for damages, alleging the plaintiff failed to properly manage the project and caused additional costs.

The court found that the commission structure was based on estimated sales price, not actual gross profit margins, and that CDA had no valid unwritten terms permitting it to reduce or withhold commissions.

The court also found no evidence that the plaintiff breached any duty of due diligence or was responsible for the issues with the display units.

The defendant's key witness was found to be inconsistent and lacking credibility.

The plaintiff's claim for unpaid commissions was granted, and the defendant's counterclaim was dismissed.