Gerald Cohen

The defendant, Terry Walman, brought a motion to strike the Statement of Claim against him, arguing it disclosed no reasonable cause of action.

The plaintiffs, mortgagors, had sued Walman, the mortgagee's lawyer, alleging breach of contract, improvident sale, and Charter violations related to a power of sale.

The court found that a lawyer owes no duty of care to opposing parties and that allegations of Walman being a 'controlling mind' were bald and unsupported.

Furthermore, Charter rights do not apply to private disputes.

The Statement of Claim was found to lack material facts for a recognized cause of action against Walman.

Leave to amend was denied due to the plaintiffs' failure to address deficiencies despite ample time.

The plaintiff, Casaplata Inc., brought an urgent motion seeking leave to issue a certificate of pending litigation (CPL) against a property owned by the individual defendants (the "Owners") to secure a prospective future judgment.

The property in question was not security for the plaintiff's original mortgage.

The defendant Sub-Prime Mortgage Corporation opposed the motion.

The court dismissed the motion, holding that a CPL is not intended to secure a damages claim or to preserve assets for future enforcement.

The court also found that the plaintiff misrepresented the urgency of the motion and failed to provide sufficient evidentiary support for its claims, leading to a substantial indemnity costs award against the plaintiff.