A. Melfi

The plaintiff obtained a summary judgment against the defendant vendor for an aborted real estate transaction.

After the appeal period expired, the plaintiff filed a writ of seizure and sale against the vendor's property.

However, prior to the writ being filed, the vendor had entered into an agreement of purchase and sale with a third-party purchaser.

The plaintiff brought a motion for an interim order to prevent the transfer of the property and declare its writ valid.

The court dismissed the motion, applying the principle that once an agreement of purchase and sale is signed, the purchaser acquires an equitable interest in the property, and a subsequently filed writ of execution against the vendor does not bind the purchaser's interest.

The plaintiffs brought a motion to extend the time for service of their Statement of Claim against the defendant for damages arising from an alleged arson.

The claim was served three months after the six-month deadline under Rule 14.08(1).

The court found the delay was minor, explained by the plaintiffs waiting for the conclusion of related criminal proceedings, and did not cause non-compensable prejudice to the defendant.

The motion was granted, time for service was extended, and service was validated.

In a will challenge concerning allegations of undue influence over the deceased, the court considered the proper procedural framework for managing the litigation following the Supreme Court of Canada's decision in Hryniak v. Mauldin.

The court held that proportionality principles should guide orders for directions in estate litigation and rejected the routine use of the traditional Estates List standard order for directions.

Instead, the court ordered limited documentary production, permitted written interrogatories in place of oral examinations for discovery, and scheduled a hybrid hearing using affidavit evidence with viva voce cross‑examination.

The court also transferred a related civil action to the Estates List and assumed case management of both proceedings to ensure a timely and cost‑effective resolution.