Dillon Collett

Six consolidated actions arising from a bitter, multi-year dispute between two competing 'cash for gold' businesses in Toronto.

The feud escalated into allegations of a 'murder for hire' plot, resulting in criminal charges against an employee that were later withdrawn.

The employee sued for malicious prosecution and abuse of process.

The court found the hitman liable for malicious prosecution and both the hitman and the competitor liable for abuse of process, awarding the employee $221,775 in damages.

In the corporate actions, the court found the opposing business owner liable for nuisance and intentional interference with economic relations for using 'sandwichboarders' to harass the competitor's business, awarding $200,000.

The competitor was awarded $50,000 for defamation regarding statements made to a newspaper.

The opposing business owner's claims for defamation and misappropriation of personality were dismissed.

Six consolidated actions arising from a bitter, multi-year dispute between two competing 'cash for gold' businesses in Toronto.

The feud escalated into allegations of a 'murder for hire' plot, resulting in criminal charges against an employee that were later withdrawn.

The employee sued for malicious prosecution and abuse of process.

The court found the hitman liable for malicious prosecution and both the hitman and the competitor liable for abuse of process, awarding the employee $221,775 in damages.

In the corporate actions, the court found the opposing business owner liable for nuisance and intentional interference with economic relations for using 'sandwichboarders' to harass the competitor's business, awarding $200,000.

The competitor was awarded $50,000 for defamation regarding statements made to a newspaper.

The opposing business owner's claims for defamation and misappropriation of personality were dismissed.

The defendant franchisor brought a motion for summary judgment on its counterclaim, seeking declaratory relief and enforcement of a personal guarantee for unpaid costs from a previous order.

The court dismissed the motion because the moving party acknowledged it was no longer seeking the damages originally pleaded in its counterclaim, and the declaratory and guarantee relief sought on the motion had never been pleaded in the counterclaim.

The court held that summary judgment could not be granted for relief that was not properly before the court in the underlying action.

During an ongoing civil trial, the court held a voir dire to determine the admissibility of an affidavit sworn by a non-party in a separate, sealed family proceeding.

The affidavit had come into the possession of one of the defendants.

The objecting parties argued the affidavit was protected by solicitor-client privilege and was obtained unlawfully.

The court held that the sworn affidavit filed in court was not a privileged communication and that the sealing order did not reinstate privilege.

The court ruled the affidavit admissible for impeachment purposes as a prior inconsistent statement.

The Gerstel parties brought a motion to adjourn a scheduled five-week trial after the Berkovits parties indicated they intended to call Hosseini, a defaulting party who had previously failed to attend discoveries, as a witness.

The moving parties argued they would be prejudiced if forced to proceed without examining Hosseini.

The court dismissed the adjournment request to avoid further delay, but ordered that Hosseini must submit to a two-day examination for discovery prior to trial, failing which he would be barred from testifying.