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The court dismissed a motion for a certificate of pending litigation on a property flip investment, finding damages to be an adequate remedy.
The Plaintiffs brought a motion seeking a certificate of pending litigation (CPL) on a property, asserting a 30% ownership interest based on a trust agreement and an investment for a property flip.
The Defendants opposed the CPL, arguing the funds were for safekeeping, and brought a cross-motion to dismiss the CPL, allow payment of $75,000 into court, and delete a caution on title.
The court found a triable issue regarding the Plaintiffs' interest but dismissed the CPL motion, concluding that damages would be a satisfactory remedy as the property was not unique and the investment's purpose was profit.
The court ordered the Defendants to pay $75,000 into court following the property's sale but declined to order the immediate deletion of the caution on title.
The court granted the defendant's motion to transfer the action to Toronto, finding no rational connection to Oshawa.
The defendant brought a motion to transfer the action from the Superior Court in Oshawa (Central East Region) to the Superior Court of Justice in Toronto (Toronto Region), which the plaintiff opposed.
The court, applying Rule 13.1.02 of the Rules of Civil Procedure, found no rational connection to Oshawa.
Considering the location of the parties, counsel, events giving rise to the claim, and witnesses, the court determined that Toronto was a substantially better venue and that the interest of justice required the transfer due to inconvenience and additional costs if the action remained in Oshawa.
The motion to transfer was granted, and costs were reserved to the trial judge.
