Fozia Yousuf Chaudary

The applicants, a group of real estate development entities (Ashcroft Homes Group), sought to extend an initial Companies' Creditors Arrangement Act (CCAA) stay of proceedings to facilitate a restructuring.

Secured creditors, representing 84% of the total secured debt, opposed the extension and instead moved for the appointment of interim receivers.

The court found the applicants' restructuring plan lacked substance, noted a significant loss of confidence in management due to past conduct and outdated property valuations, and determined that the collaborative receivership approach proposed by the majority of secured creditors was more appropriate.

The motion to extend the CCAA stay was dismissed, and the motions for the appointment of receivers were granted.

This endorsement concerns the costs arising from successful anti-SLAPP motions brought by the Crown Defendants and the Better Business Bureau of Central Ontario Inc. (BBB) against A&H Asset Auctions Inc. The court considered the presumption of full indemnity costs under s. 137.1(7) of the Courts of Justice Act.

It found that the indicia of a SLAPP suit were not present, and therefore, an award of full indemnity costs was not appropriate.

The court awarded costs on a partial indemnity basis to both the Crown Defendants and BBB, fixing the amounts at $150,416 and $87,122.55 respectively.

The defendants brought a motion under Rule 21.01(1)(b) and Rule 21.01(3)(d) of the Rules of Civil Procedure to strike the statement of claim for disclosing no reasonable cause of action and constituting an abuse of process.

The self‑represented plaintiff attempted to sue federal officials and government counsel following unsuccessful tax litigation relating to a reassessment request and Canada Child Tax Benefit claim.

The court found the pleaded causes of action, including negligence, fraudulent and negligent misrepresentation, misfeasance in public office, breach of duty of good faith, and malicious falsehood, lacked the essential elements required in law.

The action was also an impermissible attempt to relitigate matters already determined by the courts.

The statement of claim was struck without leave to amend and costs were awarded to the defendants.