2 total
Motions to set aside default judgments resolved through counsel cooperation and settlement.
The defendants moved to set aside default judgments in two related mortgage actions concerning their family home in Oakville.
The first action involved a second private mortgage held by an individual lender, while the second involved a first mortgage assigned to a corporate lender.
The defendants alleged fraud, unconscionability, and a coordinated loan-to-own scheme as meritorious defences.
Before the court needed to decide the motions, all parties reached a resolution through counsel cooperation, with one motion adjourned sine die and the other resolved by Minutes of Settlement, granting the defendants additional time to refinance and pay the indebtedness.
The court awarded six months' notice and commissions based on post-contractual conduct.
The court considered a wrongful dismissal and unpaid commissions claim by Kashif Salam against his former employer, Ontario Research and Innovation Optical Network (ORION).
The court found that while a draft commission plan was never finalized or binding, the parties’ conduct and employment agreement entitled Mr. Salam to commissions of up to 15% of his base salary.
The court awarded him damages for six months’ reasonable notice, loss of benefits, and commissions, totaling $58,419.52 less statutory deductions.
