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Motion for leave to appeal dismissed without costs.
The moving parties sought leave to appeal the order of Sweeny R.S.J. dated May 26, 2023.
The Divisional Court dismissed the motion for leave to appeal without costs.
The court granted a certificate of pending litigation and an injunction in a family property dispute.
Alfredo Paladino, a defendant and plaintiff by counterclaim, brought a motion seeking leave to issue a certificate of pending litigation (CPL) on a property, a stay of a Landlord and Tenant Board (LTB) application, and an order preventing Charles Paladino from interfering with his use of the property.
The court granted leave for the CPL, finding a triable issue regarding Alfredo's interest in the land and that the property was unique.
The court dismissed the request to stay the LTB application, deferring to the LTB's jurisdiction.
The court granted the injunction preventing Charles Paladino from interfering with Alfredo's use of the property, finding a serious issue to be tried, irreparable harm, and that the balance of convenience favored the injunction.
Costs were fixed at $48,000 in favour of Alfredo Paladino due to substantial success.
