Christopher Salazar

The defendant brought a motion to discharge a Certificate of Pending Litigation obtained ex parte by the plaintiff.

The court found that the plaintiff failed to make full and frank disclosure of material facts, including that the original Agreement of Purchase and Sale had lapsed, that the defendant had not initialed key changes, and that the defendant's lawyer had explicitly denied the existence of a binding agreement.

The court concluded that the material non-disclosure alone warranted discharging the certificate, and further found that the evidence did not establish the plaintiff had an interest in the land.

The motion was granted and the certificate was discharged.

The moving parties brought a motion for summary judgment regarding a breach of contract and misappropriation of funds by the responding parties.

The parties had an oral agreement for the sale and installation of satellite services.

The responding parties alleged the existence of a joint venture and subsequent oral agreements that altered the terms, and counterclaimed for damages.

The court found no genuine issue requiring a trial, concluding that the responding parties fabricated the subsequent agreements and unlawfully transferred funds belonging to the moving parties to Pakistan.

Summary judgment was granted in favour of the moving parties for $155,836.32 in damages and $21,000 for unpaid loans, and the counterclaim was dismissed.

Following the dismissal of the plaintiffs' $7.5 million action for negligent enforcement of a sign by-law, the successful defendant municipality sought costs on an elevated partial indemnity basis.

The plaintiffs argued for a distributive costs order or no costs, claiming the action was public interest litigation.

The court rejected the public interest argument and declined to make a distributive costs order, but reduced the defendant's fees by 25% to account for time spent on an unsuccessful defence regarding a 1988 by-law.

The court also declined to award elevated costs, finding no reprehensible conduct by the plaintiffs.

Costs were fixed at $275,000 for fees and $79,510.26 for disbursements.

The plaintiffs, who operated mobile sign leasing businesses, sued the City of Mississauga for $7.5 million in damages for negligent enforcement of a 2002 sign bylaw.

They argued their signs were 'grandfathered' and exempt from the new bylaw because the previous bylaw had expired, leaving a period of no regulation.

The court found that while the signs were lawfully erected and grandfathered, the City did not owe a private law duty of care to the plaintiffs.

The City's actions in publicizing and implementing the bylaw were protected policy decisions, and finding a duty of care would expose the City to indeterminate liability.

The action was dismissed.