Cody Miller

The Plaintiffs, FactR Limited and Constructr Limited, factoring companies, brought a motion for summary judgment against R.R.I.C.H. Construction & Management Inc., 85242 Newfoundland & Labrador Inc. (the "Contract Defendants"), and Michael Mullett (the "Guarantor") for repayment of loans under invoice factoring agreements.

They also sought judgment against Roman Artemovych for conversion of a cheque.

The Contract Defendants, Guarantor, and Mr. Artemovych failed to file affidavits, attend examinations, or appoint new counsel after their previous lawyer was removed, leading to their Statements of Defence being struck.

The court granted summary judgment as requested, finding no genuine issue for trial regarding the claims for unpaid loans and the tort of conversion.

The defendant, The Bank of Nova Scotia (BNS), brought a motion to dismiss or stay the plaintiff's action, or for summary judgment, on the grounds that the plaintiff, Samir Ibrahim, was a vexatious litigant subject to a court order requiring leave to institute or continue proceedings, which he had not obtained.

BNS also argued that the action had no basis in fact or law.

The plaintiff's claim alleged that BNS failed to inform him about a mortgage protection insurance policy on his deceased mother's property, leading to its "seizure" and sale.

The court found that the plaintiff had indeed commenced the action without the required leave and that there was no evidence to support his claims regarding BNS's involvement in the property's sale or the existence of a mortgage protection insurance policy.

The court concluded that the action was frivolous and vexatious and dismissed it.