J. Irving

The plaintiff brought a motion for leave to issue a certificate of pending litigation (CPL) against the defendant's property, claiming specific performance of an alleged agreement of purchase and sale.

The defendant argued there was no binding agreement and raised the Statute of Frauds.

The court found triable issues regarding the real estate agent's authority to bind the defendant, whether the terms were agreed upon, and whether the Statute of Frauds was satisfied through written communications or part performance.

Balancing the equitable factors, the court concluded the potential prejudice to the plaintiff outweighed the presumptive prejudice to the defendant and granted leave to issue the CPL.

The plaintiff brought a motion for leave to issue a writ of seizure and sale, a notice of garnishment, and a tracing order to enforce a 2013 judgment.

The court established a timetable on consent and scheduled the motion to be heard on August 31, 2021.

In a case management endorsement concerning governance disputes over a Gurdwara, the court granted leave for the corporation to commence an action against former directors for costs paid to a law firm, and for the former directors to bring a third-party claim against the law firm.

The court also stayed related small claims and costs assessment proceedings pending a further case management conference to determine whether the court should assume case management responsibility over all related matters.

In an ongoing governance dispute concerning a Gurdwara, the case management judge issued directions regarding multiple related proceedings.

The court granted the current board of directors leave to commence an action against former directors for costs previously paid to a law firm, and permitted a third-party claim against the law firm.

The court also stayed a related small claims action and a costs assessment proceeding pending a peremptory case management conference to determine how all related matters should be adjudicated.