Jasminka Kalajdzic

The court considered costs following a motion by the defendants to dismiss the plaintiffs’ action for delay and breaches of the Rules of Civil Procedure.

Although the motion to dismiss was denied, the court ordered the plaintiffs to pay the defendants $4,000 in costs, citing the plaintiffs’ repeated non-compliance with court orders and litigation delay.

The decision discusses the principles governing costs, including the court’s discretion, the impact of blameworthy conduct, and the effect of settlement offers.

The court considered a motion by Brian Joseph Serapiglia to stay enforcement of a support order by the Family Responsibility Office (FRO) and suspend his obligation to pay spousal support.

The court found a material change in circumstances justifying a stay and suspension of spousal support effective December 31, 2023, but declined to grant the full relief sought.

The decision reviews the jurisdiction of the Superior Court to grant such relief, the applicable legal test, and the evidence of hardship, urgency, and clean hands.

The Estate Trustees sought the court's advice and direction regarding the sale of a family cottage to pay estate debts, as two beneficiaries (also respondents) made a higher offer after an arm's length offer was accepted.

The court found the Estate Trustees acted in good faith and fairly, and directed them to accept the higher offer from the beneficiaries.

The court also declined to order a full accounting of the deceased's pre-death financial affairs.

The defendant, 2756646 Ontario Inc. (Mitchell Woods), brought a motion to discharge five certificates of pending litigation (CPLs) registered against nine properties.

The plaintiffs had obtained these CPLs based on Agreements of Purchase and Sale (APS) for homes that were never built.

Mitchell Woods argued the APS were not enforceable against it as it was not the named vendor and that damages would be an adequate remedy.

The plaintiffs contended that Hira Custom Homes Inc. acted as Mitchell Woods' agent, or Mitchell Woods was implicitly referenced in the APS, or a constructive trust arose.

The court found a triable issue regarding the plaintiffs' interest in the land based on agency or implied terms.

Considering the equities, particularly the advantageous terms of the APS and the defendant's failure to provide evidence of its ability to pay damages, the court dismissed the motion to discharge the CPLs.