David Wagner

The defendant estate brought a third motion to dismiss the plaintiff's 15-year-old action for delay.

The plaintiff seeks a declaration of beneficial ownership of a property.

The court focused on the delay subsequent to the second dismissal motion in 2017.

The court found that the delay since 2017 was not intentional, contumelious, or inordinate, and was largely explained by the original defendant's death and the COVID-19 pandemic.

The court also found that a fair trial remained possible because the action overlapped significantly with an ongoing application by the estate, and much of the evidence was preserved through affidavits and discovery transcripts.

The motion to dismiss was denied, but strict terms were imposed to move the action to trial.

The plaintiff and defendants were 50 percent owners of a corporation whose sole asset was a property intended for gas station development.

Following a breakdown in their relationship, the defendants sold the property to a third party without the plaintiff's consent.

The plaintiff brought a motion for an oppression remedy to remove the defendants from management, while the defendants sought to wind up the corporation.

The court dismissed both requests, finding no oppressive conduct and concluding that a winding up was not just and equitable at this stage.

The court granted a motion to rescind the sale of the property and ordered the return of the purchase funds held in court, less outstanding costs owed to the plaintiff.

The applicant, a trustee and settlor of a family trust, sought to recover over $1 million from the trust for the 1993 transfer of a farm property, construction costs, and maintenance expenses.

The respondent beneficiaries opposed the claims and sought the removal of the trustees.

The Superior Court of Justice dismissed the applicant's financial claims, finding them to be either undocumented gifts or barred by the expired limitation periods.

The court ordered two beneficiaries to pay arrears for rent and utilities, and ordered one to vacate the property due to serious breaches of her tenancy agreement.

Finally, the court removed all three trustees for failing to properly administer the trust and protect the beneficiaries' interests, ordering their replacement by a professional third-party trustee.

The plaintiff, Nam Dek Lee, brought a motion for summary judgment against the defendant, Jin Mo, his former lawyer, alleging negligence in a failed real estate transaction.

The plaintiff claimed Mr. Mo failed to communicate and seek instructions, leading to the termination of an agreement of purchase and sale and loss of deposit.

The court dismissed the motion for summary judgment, finding that the record did not sufficiently establish causation or the quantum of damages, particularly regarding the increase in condominium value.

The court also addressed Mr. Mo's history of delay and misleading conduct regarding an adjournment request.

The defendant 2623559 Ontario Inc. ("262") moved for an order discharging a certificate of pending litigation (CPL) and a notice registered against a property it purchased.

The plaintiff, Goyal, opposed the motion, alleging the sale was fraudulent and sought rescission.

The court upheld the CPL, finding a triable issue regarding an interest in land and sufficient "badges of fraud" to justify its maintenance.

The decision applied the Dhunna factors and the holistic equitable test, concluding that the equities favored maintaining the CPL.

The applicants, participants in a syndicated mortgage, sought payment out of court of surplus funds from a municipal tax sale after the mortgage went into default.

They had previously settled litigation against their investment advisor for a substantial sum.

The respondents, also mortgage participants, contended that the applicants must account for these settlement funds, which would alter the distribution of the surplus.

The court found no obligation for the applicants to account for the settlement funds, as these were damages from third-party litigation, not proceeds from the mortgage or land.

The court granted the applications for payment out of court based on the First Priority lenders' interests, dismissing the respondents' accounting claim.

The plaintiffs moved to remove estate trustees and spousal trust trustees, and for a receiver over a holding company, alleging misconduct and oppression.

The defendants cross-moved to dismiss the action for delay and for security for costs.

The court dismissed the motions to remove trustees and appoint a receiver, finding sufficient assets secured the plaintiffs' interests and no corporate oppression.

The court also dismissed the defendants' motion to dismiss for delay against the remaining plaintiff, Leslie Barker, but ordered her to post security for costs as a non-resident.