Danny Bellin

After obtaining an order requiring security for costs, the moving party sought dismissal when the ordered deposit was not paid by the deadline.

The responding parties provided no substantive opposition and did not show a compelling reason to avoid dismissal.

The court dismissed the appeal and fixed costs.

This decision addresses the costs consequences following a successful summary judgment motion by the plaintiff, R & P Petroleum Inc., for payment of outstanding invoices.

The court considered the parties’ written submissions and awarded costs on a substantial indemnity basis, with an elevated amount due to a threatening and abusive email sent by or on behalf of the defendant, Ishvinder Singh Virk.

The court found the defendants’ conduct, including the email, warranted an award of $75,000 in costs to the plaintiff, to be paid jointly and severally by the defendants.

The applicant landlord sought declaratory relief and vacant possession, arguing the commercial lease expired because the tenant's renewal was void due to a failure to agree on new terms.

The court found the tenant validly exercised its renewal option, as the lease's renewal provision was unconditional, requiring only timely written notice.

The court dismissed the landlord's application, holding that the "review and discussion" of renewed lease terms was to follow, not precede, the successful renewal.

The plaintiff moved to amend her statement of claim to include damages for the destruction of her vehicle and associated punitive and aggravated damages.

The defendants opposed, arguing that a punitive damage claim is not stand-alone, there was no independent actionable wrong for property damage, and it would constitute an abuse of process.

The court dismissed the motion, finding that punitive damages are not available for Family Law Act claims in fatal accidents, the property damage claim was statute-barred, and punitive damages require an independent actionable wrong which was absent in this case.