A. Winicki

The Plaintiff, Venturistic Investments Inc., sought to bring a motion for summary judgment against the Defendant, Mason, for alleged theft of approximately $38,000 through altered and multiple-deposited cheques.

The Defendant failed to attend a Civil Practice Court hearing and a subsequent case conference.

The court found the matter appropriate for summary judgment, noting the evidence would primarily involve forensic accounting.

The court scheduled the summary judgment motion for April 6, 2021, set a detailed timetable for materials, and ordered that service of motion materials via the Defendant's email address would be effective.

The judge remained seized of the matter for timetable issues.

The defendant brought a motion for summary judgment to dismiss a construction lien action and discharge the lien, arguing no contract existed with the plaintiff corporation.

Alternatively, she sought an order for the plaintiff to post security for costs due to its alleged impecuniosity.

The court dismissed the summary judgment motion, finding a genuine issue for trial regarding the existence of a contract between the plaintiff corporation and the defendant, and declined to void the contract despite the plaintiff's breach of the Business Names Act.

The motion for security for costs was also dismissed, as the plaintiff established impecuniosity and had a legitimate claim, balancing the defendant's right to costs with the plaintiff's access to justice.