James R. D. Clark

The moving parties, Amarjot Lamba and Chand Lamba, sought an order from the Court of Appeal for Ontario to extend the time to seek leave to appeal a Divisional Court decision.

The Divisional Court had upheld a motion judge's decision to grant summary judgment, forfeiting the moving parties' $20,000 deposit in a failed real estate transaction due to their breach of an agreement of purchase and sale.

The original dispute involved claims of misrepresentation regarding property square footage and building permit compliance.

The Court of Appeal denied the extension, finding no arguable question of law or public importance, and noting the moving parties' failure to form an intention to appeal within the relevant period and their non-compliance with prior cost orders.

The plaintiffs, a pharmacist and his holding company, brought a motion for leave to commence a derivative action on behalf of a pharmacy corporation against the defendants, another pharmacist and his wife's holding company.

The plaintiffs also sought a Certificate of Pending Litigation (CPL) against two commercial condominium units, a restraining order, and leave to amend their Statement of Claim.

The court dismissed the motion for a derivative action, finding it was essentially a shareholder dispute and not in the best interests of the corporation.

The requests for a CPL and a restraining order were also dismissed as the plaintiffs failed to establish a triable issue regarding an interest in the land or a strong prima facie case.

Leave to amend the Statement of Claim was partially granted.