Chetan Phull

Cary Kaplan, a defendant, brought a motion to dismiss the oppression claim against him by OZ Merchandising Inc. The court granted the motion, finding that the alleged oppressive conduct had been rectified by the Canadian Soccer League Inc.'s admission of successor liability for the Canadian Professional Soccer League Inc.'s liabilities.

Furthermore, the court determined that punitive damages were not an appropriate remedy for rectification in this context and that the claim against Mr. Kaplan was statute-barred under the Limitations Act, 2002, as it was brought more than five years after the alleged conduct and his addition to the action.

This endorsement from a case conference addresses the plaintiff's repeated attempts to delay the hearing of defendant Kaplan's motion to dismiss and to link it with other potential motions for default judgment or summary judgment.

The court denied the plaintiff's requests for further deferral and linking, emphasizing that Kaplan's motion had been delayed long enough.

The court also clarified that motions are not heard by a jury, particularly for equitable remedies like oppression claims under the OBCA.

Finally, the court ordered the plaintiff to forthwith pay outstanding costs previously awarded to Kaplan.

Following a decision on the merits in two related applications, the successful applicant sought costs.

The respondent requested a reconsideration of the costs award and argued for no costs or a nominal amount.

The court declined to reconsider the entitlement to costs, noting that costs are always in play and should be addressed during the hearing.

The court considered the applicant's non-compliant offers to settle and the excessive time spent on examinations by both parties.

The court awarded the applicant partial indemnity costs of $62,510.85, inclusive of disbursements and HST, after making a reduction for unnecessary examination time.

The applicant mortgagee and respondent condominium corporation disputed priority over the proceeds of a condominium unit sold under power of sale.

The corporation claimed a priority lien for common expenses, which included court-ordered costs against the unit owner under s. 134(5) of the Condominium Act.

The court held that the default giving rise to the lien occurred when the costs were due under the court order, not when the corporation demanded them or added them to its ledger.

Because the corporation registered its lien more than three months after this default, the lien expired under s. 85(2).

The mortgagee was granted priority over the sale proceeds.