Darren Frank

The court granted summary judgment in favour of the plaintiffs, Nathramdas and Premwattie Chateramdas, declaring that the transfer of their property and a subsequent mortgage were fraudulent instruments under the Land Titles Act.

The court found that Melissa Sanasie fraudulently transferred title to herself and registered a mortgage in favour of RiverRock Mortgage Investment Corporation, using the proceeds for her own benefit.

The court ordered rectification of title, deletion of the mortgage, and awarded punitive damages against Melissa for her egregious conduct, including the production of falsified documents and impersonation of counsel.

The claim against RiverRock was not dismissed, and the claim against Ziba Heydarian will proceed separately.

The endorsement addresses a motion by the defendant Melissa Sanasie to urgently set aside a Certificate of Pending Litigation (CPL) on her property (Betony Property), which the plaintiffs (her parents) had obtained.

The CPL was granted because mortgage proceeds from the parents' fraudulently transferred home (Fawcett Property) were traced to Melissa's Betony Property.

Melissa needed to sell Betony to close on a new multimillion-dollar home.

The court denied the urgent scheduling of the motion, finding a strong triable issue for the plaintiffs and noting Melissa's conduct (failing to pay the Fawcett mortgage while having funds for her new build).

Instead, an expedited summary judgment motion was scheduled to determine the merits.

The court also ordered Melissa to provide further details and backup for the use of the mortgage proceeds.

Following the approval of a Plan of Arrangement under the Canada Business Corporations Act, the successful applicant sought costs against the objecting creditors.

The objectors argued the applicant was disentitled to costs for failing to request them initially and that the quantum sought was excessive.

The court rejected the disentitlement argument, finding the objectors had notice that costs would be addressed in writing.

The court awarded $100,000 in costs, reducing the requested amount for proportionality, and ordered the costs payable jointly and severally by the objectors as they had pursued a common strategy.

Following the dismissal of the plaintiff's motion for an injunction, the parties were unable to agree on costs.

The defendants sought substantial indemnity costs of $35,000, citing the plaintiff's uncooperative conduct and failure to produce affiants for cross-examination despite a court-ordered timetable.

The court awarded the defendants their costs on a substantial indemnity scale fixed at $35,000, finding the plaintiff's lack of cooperation glaring.

The court declined to order the plaintiff's principal personally liable for the costs, noting that the defendants' corporate remedies as minority shareholders remained to be decided.

The plaintiff employer brought a motion for an interlocutory injunction to shut down or restrict a competing deli opened by two former long-term employees.

The plaintiff argued the employees were fiduciaries.

The court found the employees were managers but not fiduciaries, as they lacked strategic authority and the employer was not peculiarly vulnerable to their departure.

The court also found the balance of convenience favoured the defendants and damages would be an adequate remedy.

The motion for an injunction was dismissed.

The applicants, a chiropractic business, sought urgent relief after receiving a Notice to Terminate their commercial lease from the respondent landlord.

The core issue was whether the applicants had validly exercised their second five-year option to renew the lease.

The court found that despite the lack of a formal lease document and some irregularities, the applicants had provided timely notice of their intent to renew, and the landlord's subsequent conduct, including rent negotiations, indicated acceptance.

The court concluded the lease was in effect and properly extended.