David Brooker

The plaintiffs and defendants jointly owned a property operating as a medical clinic and pharmacy.

Following a breakdown in their relationship, the plaintiffs brought a motion to sell the property.

The defendants repeatedly delayed proceedings and failed to pay their share of utilities and taxes, while invoking a mandatory arbitration clause.

The court granted the plaintiffs' motion, finding the defendants acted in bad faith and caused deliberate delay.

The court exercised its inherent jurisdiction to grant an injunction and applied the oppression remedy under the OBCA to permit the sale of the property.

The defendant brought a motion to set aside an ex parte order granting a certificate of pending litigation (CPL) on a residential rental property.

The plaintiff had claimed a 50% shareholder interest in the corporate owner of the property but provided no documentary evidence.

The court found no triable issue regarding the plaintiff's interest in the property.

Furthermore, the court discharged the CPL on the grounds of material non-disclosure and misleading evidence presented by the plaintiff during the ex parte motion, specifically regarding an undisclosed caution and false claims of mortgage default.

The moving defendants brought a motion to dismiss the plaintiff's action for delay.

The action, commenced in 1998, alleged a fraudulent conveyance of property in Venezuela.

Over 16 years, the plaintiff failed to answer undertakings, delayed serving expert reports, and failed to set the matter down for trial in a timely manner.

During this time, two key defendants died and another suffered serious health issues.

The court found the delay to be inordinate and inexcusable, and that the defendants suffered actual prejudice.

The motion was granted and the action was dismissed against the moving defendants.