Jasdeep Dhillon

The plaintiffs brought a motion seeking leave to issue a certificate of pending litigation against a property they claimed to beneficially own, despite the defendants being the registered owners.

The court found a triable issue regarding the plaintiffs' interest in the property due to conflicting evidence about the nature of their payments and agreements.

However, applying the Dhunna factors, the court concluded the equities favoured the defendants because the property was not unique and damages would be an adequate remedy.

The motion for a certificate of pending litigation was dismissed, but the court imposed conditions preventing the defendants from dissipating the property's equity pending trial.

The defendants brought a motion to dismiss a construction lien action for delay.

The plaintiff contractor registered a lien in 2012 but took no steps in the proceeding for over seven years after setting it down for trial.

The court found the delay to be inordinate and inexcusable, noting the summary nature of construction lien actions.

The court also found the delay caused actual prejudice to the defendants, as their key witnesses' memories had faded and records were lost.

The motion was granted, the action was dismissed, and the lien was discharged.