H. S. Makkar

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.

This motion addressed whether a final order concerning child parenting and jurisdiction should be set aside due to lack of notice to the paternal grandmother, who had de facto care and control of the child in India.

The court set aside the parenting-related provisions of the final order, finding that the paternal grandmother, as a person with care and control, should have been named as a party and received notice.

However, the court affirmed Ontario's jurisdiction over the parenting dispute, determining the child's habitual residence remained in Ontario at the commencement of the original application and that Ontario was the more appropriate forum under the "balance of convenience" test, despite the child residing in India.