Dhanbir Jaswal

A financing company sought an application for orders to locate and repossess equipment covered by financing and guarantee agreements that were allegedly breached.

The parties consented to an interim order requiring the respondents to deliver possession of the equipment, provide information regarding its whereabouts, and cooperate with access to premises for removal.

The application was adjourned sine die, returnable on seven days' notice.

However, the court denied the applicant all costs associated with the appearance, expressing disapproval of forum shopping, as the underlying dispute had no rational connection to the London venue where the application was brought.

The plaintiff, Maxpro Management Services Ltd., brought a motion for summary judgment against the defendants, Global Transauto Inc., Djamilya Kar, and Mido Salik, for breach of a fuel card agreement and personal guarantee.

The defendants failed to appear for the motion and did not pay previously ordered costs.

The court granted summary judgment, finding no genuine issue for trial regarding the breach of contract and contractual interest.

The court also pierced the corporate veil to hold Mido Salik jointly and severally liable with Global Transauto Inc. and Djamilya Kar, based on his misrepresentations and control over the corporation's actions, despite his denial and Ms. Kar's conflicting affidavit.