Gordhan Ambwani

The court considered an application by Foodies Curry & Shawarma Inc. for specific performance and injunctive relief regarding an aborted agreement for the sale of restaurant assets to Royal Paan Leasing Ltd. The court dismissed the claims for specific performance and injunctive relief, finding that Foodies breached the agreement by failing to deliver unencumbered chattels or provide the required undertakings.

However, the court granted relief for unjust enrichment, ordering payment of the agreed purchase price through an escrow arrangement to ensure discharge of the remaining encumbrance.

The applicant, a successor in title to a property, brought an application to determine the amount owing under a Writ of Seizure and Sale filed against the property by the respondent for her former spouse's spousal support arrears.

The court held that the Writ only secured the spousal support arrears owing as of the date the property was transferred to the applicant, and did not attach to subsequent unpaid pension payments.

The court calculated the total amount owing under the Writ, including interest, and allowed the applicant to set off costs awarded against the respondent in previous litigation.

This endorsement addresses costs following a judgment where the plaintiff was largely successful.

The court awarded substantial indemnity costs to the plaintiff against Mushtaq Raja, Minaj Transport Inc., Maryat Investments Inc., and Direct Ex Logistics Inc. The decision to award substantial indemnity costs was based on Mushtaq Raja's fraudulent conduct prior to and during the litigation, and the defendants' unproven allegations of fraud against the plaintiff.

The court declined to award costs to Munaza Raja and Janish Raja, despite their successful dismissal from the action, due to their minor roles and the lack of separate costs incurred on their behalf.

Specific cost amounts were determined for each paying defendant, with minor adjustments for Maryat Investments Inc. and Direct Ex Logistics Inc.

The plaintiff, 2042066 Ontario Inc. O/A MSGD Petroleum, brought a motion for summary judgment against Basant Transport Ltd. and Ranjit Singh Ghuman for an unpaid debt of $32,500 for petroleum.

The central issue was whether Mr. Ghuman had personally guaranteed the debt.

The court, applying the principles from Hryniak v. Maudlin, found no genuine issue requiring a trial.

It weighed the contradictory evidence of Mr. Ghuman, the testimony of Mr. Dhillon, and an expert forensic document examiner's report, concluding that Mr. Ghuman had indeed signed the personal guarantee.

Judgment was granted in favour of the plaintiff for $30,500 plus interest and fixed costs.

These supplementary reasons for judgment address Maryat Investments Inc.'s cross-claim against Mushtaq Raja for indemnity concerning Arif Hayat's claim.

The court found that the representations, warranties, and indemnity provided by Raja were personal obligations to the purchaser of Maryat's shares, PB 10 Investments Ltd., and not to Maryat itself.

As PB 10 was not a party to the litigation, these obligations could not be enforced in the current proceeding.

Consequently, the cross-claim for indemnity was dismissed.

The plaintiff, Arif Hayat, brought an action against the defendants, Mushtaq Raja and his corporations, for fraudulent misrepresentation and oppression under the Business Corporations Act.

Hayat advanced over $555,000 to Raja for investments in a trucking company and a restaurant venture.

Raja used corporate funds for personal expenses, falsely represented his own financial contributions, and fraudulently induced Hayat to resign as a director and surrender his shares in the restaurant corporation.

The court found Raja liable for fraudulent misrepresentation and oppressive conduct.

The court ordered Raja, Minaj Transport Inc., and Maryat Investments Inc. to pay Hayat $475,000, and ordered Direct Ex Logistics Inc. and Raja to repay a $36,179 loan and issue shares to Hayat.

The defendants' counterclaims were dismissed.