Joey Jamil

This costs endorsement follows a decision upholding the validity and enforceability of second and third mortgages registered against a property owned by a company in which the applicants were shareholders.

The court awards substantial indemnity costs to the successful third mortgagee, finding the amount claimed reasonable and declining to include the legal costs of the second mortgagee and the sale solicitor as part of the costs of the application.

The applicants, shareholders in Golden Ocean Investment Corporation, brought a motion challenging the validity of second and third mortgages registered against a property owned by the corporation.

They alleged the sole director executed the mortgages without authority as part of a fraud, and that the mortgagees were willfully blind to badges of fraud.

The court dismissed the motion, finding the mortgagees were bona fide purchasers for value who conducted proper legal due diligence.

The court held that taking a financial or underwriting risk does not constitute willful blindness to fraud, and the mortgagees were entitled to rely on the director's actual and ostensible authority.

The respondent (1000093910 Ontario Inc.) brought an urgent motion for the court to sign a draft order including a provisional execution, which was opposed by the prospective purchaser (2557904 Ontario Inc.).

The purchaser had filed an appeal and sought a stay of a prior endorsement.

The court considered the urgency due to significant daily costs and an expiring financing offer.

The court affirmed its jurisdiction under section 195 of the Bankruptcy & Insolvency Act to grant provisional execution, rejecting the purchaser's arguments that such relief was not properly requested or that jurisdiction lay solely with the Court of Appeal.

Balancing the irreparable harm, the court found that the prejudice to the applicant (Peakhill Capital Inc.), respondent, second mortgagee, and guarantors if provisional execution was not granted outweighed the harm to the purchaser.

The motion for provisional execution was granted.

The Plaintiff, TPine Financial Services Inc., brought a motion for the continuation of an interim Mareva Order and leave to register a certificate of pending litigation (CPL) on the Caledon Property.

The Plaintiff alleged a fraudulent invoicing scheme by the Mareva Defendants, leading to the advancement of $7.5 million, part of which was used as a $3.65 million deposit for the Caledon Property, held by the Hanjra Defendants.

The Hanjra Defendants had failed to comply with previous orders to pay these deposit monies into court.

The court granted the Plaintiff's motion, ordering the Hanjra Defendants to pay the $3.65 million into court and granting leave to register the CPL, finding a triable issue regarding the Plaintiff's claim to the specific fund and an interest in the property.

Subsequently, the parties reached a settlement agreement where the Hanjra Defendants would pay the sum into court within 30 days, leading to the discharge of the CPLs and abandonment of their appeal.

Costs were fixed at $15,000 for the motion, payable by the Hanjra Defendants.

This appeal concerned a certified class action against Ford Motor Company regarding allegedly false or misleading fuel consumption estimates on EnerGuide labels and in marketing materials for 2013 and 2014 vehicles.

The class action alleged breaches of the federal Competition Act and provincial consumer protection legislation.

The Court of Appeal upheld the motion judge's dismissal of the class action, finding that Ford complied with mandatory federal guidelines for fuel consumption testing (2-Cycle Test) and that the representations were not false or misleading.

The court also addressed the "credulous and inexperienced consumer" standard, noting its applicability varies by statute, and found no deceptive non-disclosure.

This certified class action concerned allegations of misleading advertising by Ford regarding fuel consumption estimates on EnerGuide labels for 2013 and 2014 model year vehicles, claiming breaches of the federal Competition Act and provincial consumer protection statutes.

Both parties brought cross-motions for summary judgment.

The court dismissed the plaintiff's claims, finding no contravention of the Competition Act due to Ford's compliance with federal guidelines and a lack of evidentiary support for a misleading general impression.

While provincial consumer protection laws allow for non-disclosure claims, the court found no legal obligation for Ford to provide additional disclosures (a "Second Label") beyond the EnerGuide Label and the referenced Fuel Consumption Guide, as there was no evidence that car buyers were deceived.

The defendants' cross-motion for summary judgment, dismissing the class action, was granted.

At a case conference for a certified class action claiming $1.5 billion for understated fuel consumption, both parties had brought summary judgment motions.

Given the complexity of the case, which involves nearly two dozen expert witnesses and significant technical data, the court endorsed the parties' proposal to proceed with a 4-week hybrid trial rather than a 'trial in a box' summary judgment motion.