Brendan MacDonald

The court approved a proposed settlement and certified the action for settlement purposes under the Class Proceedings Act, 1992.

The class consists of approximately 100 investors in a failed real estate limited partnership project.

The settlement restores the class members’ proportionate interest in the property, now with greater development density and less debt, and is considered generous.

The court found the settlement fair, reasonable, and in the best interests of the class, and approved class counsel’s fees.

The action will continue only as between the defendants for unresolved crossclaims.

This decision concerns the approval of a sale process and a motion to appoint the sales officer as receiver in the context of a deadlocked insurance brokerage business.

The court approves the sale process and related ancillary relief, including the appointment of an interim broker and non-solicitation orders, but dismisses the motion to appoint the sales officer as receiver.

The ruling addresses issues of conflict of interest, compliance with prior orders, and the preservation of assets pending winding up.

This decision concerns the approval of a sale process and a motion to appoint the sales officer as receiver in the context of a deadlocked insurance brokerage business.

The court approves the sale process and related ancillary relief, including the appointment of an interim broker and non-solicitation orders, but dismisses the motion to appoint the sales officer as receiver.

The ruling addresses issues of conflict of interest, compliance with prior orders, and the preservation of assets pending winding up.

This action concerned a debt owed under a back-dated lease agreement between the Plaintiff, JCA & Associates Inc., and the Defendants, 2372618 Ontario Limited (NYX Lounge), Bruno Pisani, and Vincent Pisani.

The central dispute was whether the lease was signed in May 2014 or in June 2015 and back-dated to May 2014.

The Plaintiff argued the latter, asserting the lease was to reimburse its principal's contributions after a failed business relationship.

The Defendants contended the lease was signed in 2014 and subsumed by a subsequent shareholders agreement, converting the debt into a capital contribution.

The court found in favour of the Plaintiff, determining the lease was signed in June 2015 and back-dated, and that all Defendants were jointly and severally liable, interpreting the term "or" in the lessee definition as "and" to avoid commercial absurdity.

The Plaintiff was awarded $100,341.03 in damages.