Apeksha Jain

The plaintiff, Mennie Manangan, brought an action for damages related to the purchase of a restaurant business and sought disbursal of sale proceeds from her home.

The defendants, including 2166729 Ontario Inc., brought a counterclaim for summary judgment to enforce three vendor-takeback mortgages granted by Manangan, on which she had defaulted.

The court dismissed Manangan's motion for disbursal of sale proceeds and granted the defendants' motion for summary judgment, dismissing Manangan's claim and granting judgment on the counterclaim for $184,679.54 plus interest.

The court found Manangan's claims to be without merit, that she lacked standing for contract claims, and that she failed to provide evidence to establish a genuine issue for trial.

Full indemnity costs were awarded to the defendants due to the plaintiff's unmeritorious claim, delay, and unsubstantiated fraud allegations.

The applicant sought to enforce a settlement agreement regarding the distribution of a deceased's estate, specifically concerning a life lease occupancy agreement.

The respondent argued that no formal acceptance occurred, his lawyer acted without full instructions, and an essential term (appraisal) was missing.

The court found that a binding settlement was reached by counsel with apparent authority and that an appraisal was not an essential term.

The court enforced the settlement, finding no real risk of clear injustice, and awarded costs to the applicant.