Aram Simovonian

The plaintiffs brought a motion for production orders and examination of the defendants in aid of an existing Mareva injunction and Anton Piller order.

The only contentious issue was a request to order a non-party exchange to provide information regarding the defendants' assets.

The court granted the order, finding it necessary in aid of execution of the Mareva injunction, and rejected the defendants' argument that the request was an improper attempt to gather evidence for a contempt motion.

The Plaintiffs (Metro 1 Development Corporation Ltd. and its subtenants) brought a motion seeking a declaration that their lease agreement with Michael Garron Hospital had not been breached, or alternatively, for relief from forfeiture.

The dispute arose from a 'use' clause in the lease requiring the operation of a Tim Hortons restaurant, which became impossible after the termination of a separate Product Licence Agreement with TDL Group Corp. The Plaintiffs argued for an implied term in the lease to allow for a different food service and contended that the Hospital acted in bad faith.

The court dismissed the motion, finding no basis to imply a term that contradicted the express language of the lease and denying relief from forfeiture based on the Plaintiffs' conduct, the gravity of the breach, and the balance of interests.

The plaintiffs sought a Mareva injunction against multiple defendants in a dispute involving cryptocurrency investments.

The motion was dismissed for the third time, as the plaintiffs failed to provide sufficient evidence of a strong prima facie case or a real risk of asset dissipation by the defendants.

The court found the dispute to be primarily contractual, not indicative of fraudulent asset flight.

Costs were awarded to the defendants on a substantive indemnity scale.

Lynne Foulidis appealed a Superior Court order granting a charging order against her Toronto residence to Jodi L. Feldman Professional Corporation for $664,323.38 in legal fees.

The charging order was granted to secure outstanding legal fees from family litigation.

Lynne argued the property was no longer in existence for the purpose of the charging order due to a prior transfer to George Foulidis, that the lawyer's contribution was not substantial, and that there was no risk of non-payment.

Jodi L. Feldman Professional Corporation cross-appealed on costs.

The Court of Appeal dismissed Lynne's appeal, upholding the charging order, finding that the property was in existence (subject to a triable issue of fraudulent conveyance), the lawyer's contribution was instrumental, and there was a clear refusal to pay fees.

The cross-appeal on costs was also dismissed, but costs of the appeal were awarded to Jodi L. Feldman Professional Corporation.

The appellant appealed a Small Claims Court judgment awarding $20,350.60 to the respondent real estate brokerage for an unpaid commission.

The appellant argued the Deputy Judge erred in applying the discoverability test under the Limitations Act, 2002, and that the reasons were insufficient.

The Divisional Court dismissed the appeal, finding the Deputy Judge made no errors in applying the modified objective test for discoverability, especially given the appellant's own misrepresentations about not looking for a property.

The reasons were also found sufficient for appellate review.