Amelia Phillips Robbins

The plaintiffs sought costs in relation to an ex parte Mareva, Norwich and preservation order obtained against the defendants and for responding to a motion to set aside the order.

Farhad Eshfagh, who was partially successful in having the Mareva injunction lifted, also sought costs.

The court declined to award costs at the interlocutory stage, finding it premature to do so given that the matter remains ongoing and no final determination on the merits has been made.

The court rejected claims for substantial indemnity costs, finding no reprehensible or scandalous conduct warranting such an award.

Costs were ordered to be in the cause, to be determined at trial.

The court considered whether Blaney McMurtry LLP, former counsel for the defendants, was entitled to a declaration or an equitable mortgage over the defendant’s property for unpaid legal fees, based on a prior consent order.

The court found that the consent order did not create an equitable mortgage in favour of Blaney, as the intention was for a bank to be the secured creditor, not Blaney.

The motion was dismissed.

This decision concerns the validity of a by-law amendment by Information Technology of Systems Ontario (ITSO) requiring member associations to maintain the same corporate structure and control as when they first became members, unless approved by ITSO’s board.

The Barrie & District Association of Realtors (BDAR) challenged the amendment, arguing it was a retroactive breach of contract, impermissibly vague, and made in bad faith to target BDAR.

The court dismissed the application, finding the amendment was not retroactive, was sufficiently clear, and was made for a legitimate purpose in the best interests of ITSO and its members.

The decision concerns a motion to set aside or vary a Mareva injunction, Norwich order, and preservation order obtained ex parte by the plaintiffs in a cryptocurrency mining business dispute.

The court finds a strong prima facie case of fraudulent misrepresentation against most defendants, upholds the Mareva and preservation orders (except as against Farhad Eshfagh), and addresses the standards for full and frank disclosure on ex parte motions, risk of dissipation, and balance of convenience.

The Plaintiffs brought a motion for a Mareva injunction and a Norwich Order against the Defendants, alleging fraud and misappropriation of approximately $700,000 in foreign currency reserves.

The court found a strong prima facie case of fraud, irreparable harm, and a serious risk of asset dissipation by the Defendants.

Consequently, the Mareva injunction was granted to restrain the Defendants from dissipating assets, and a Norwich Order was issued compelling financial institutions to disclose information for asset tracing.

The Plaintiffs' alternative request for a Certificate of Pending Litigation was not addressed given the primary relief granted.

Parkland Corporation, a fuel supplier, sought a declaration that its lease and sublease agreements with Caledon Fuels Inc., a gas station operator, were in full force and effect, and a permanent injunction to prevent Caledon from breaching exclusive supply covenants.

Caledon argued an alleged oral agreement varied the renewal option and that Parkland breached its duty of good faith.

The court found the alleged oral agreement unenforceable due to lack of consideration and the parol evidence rule, and deemed it unbelievable.

The court also found no breach of good faith by Parkland.

Consequently, the court granted the declaration and permanent injunction in favour of Parkland and awarded partial indemnity costs.