Amiri Dear

The parties could not agree on the terms of a formal order following a previous endorsement.

The court resolved the disputes over the competing draft orders, deciding to include a reference to the Investigative Receiver's Interim Report, declining to add a preamble regarding an undertaking as to damages, and including a paragraph explicitly dismissing the defendant's motion to set aside an ex parte order for lack of full and fair disclosure.

The plaintiffs obtained an ex parte order for a Certificate of Pending Litigation, a Mareva injunction, and the appointment of an Investigative Receiver.

The defendant Bayview Creek (CIM) LP moved to set aside the injunction, arguing the plaintiffs failed to make full and fair disclosure of material facts.

The court found no material non-disclosure or lack of frankness regarding the plaintiffs' allegations of misrepresentation and breach of terms.

Due to the complex commercial interests involved, including mortgagees intending to bring enforcement proceedings, the court transferred the matter to the Commercial List and extended the interim orders.

The applicants sought a declaration that a right-of-way across their property, benefiting the respondents' adjacent properties, had been abandoned and extinguished.

The applicants argued that historical non-use, the disappearance of original sheds, and various obstructions demonstrated an intention to abandon the easement.

The court dismissed the application, finding that the respondents and their contractors had recently used the right-of-way for property renovations and that the applicants failed to prove an express or implied intention to abandon the property right.