Johanne S. Pilon

The plaintiffs, vulnerable seniors, alleged predatory lending practices, misrepresentations, and inadequate legal representation led to a large, unconscionable mortgage on their debt-free home.

Several defendants, including Canada Choice Investments Inc. (CCI), Anas Ayyoub, Blossom Rabinowitz, and Edmond Ohayon, brought motions to strike the plaintiffs' claims against them, arguing no reasonable cause of action was disclosed or that claims were scandalous/irrelevant.

The court dismissed all motions, finding that the plaintiffs' claims were adequately pleaded, met the high threshold for surviving a motion to strike, and that the interests of justice strongly supported allowing the action to proceed to trial.

The plaintiffs brought an urgent motion for leave to issue a certificate of pending litigation (CPL) regarding a condominium unit they had agreed to purchase from the defendants.

The plaintiffs failed to close on the scheduled closing date due to delays in obtaining title insurance and financing caused by a zoning restriction on the property.

The defendants refused to extend the closing date and treated the agreement as at an end.

The court dismissed the motion, finding no triable issue for specific performance because the plaintiffs had waived the relevant conditions and the defendants were entitled to rely on the 'time is of the essence' clause.

The court also found that the equities did not favour granting a CPL.

The moving party defendant, a co-owner of a residential property, sought an order for partition and sale under the Partition Act.

The responding parties opposed the motion, arguing the moving party had already extracted her share of equity through a unilateral mortgage refinancing and had unclean hands.

The court granted the motion, finding that the discretion to refuse partition and sale is strictly limited to cases of malice, oppression, or vexatious intent, which were not established here.

The court ordered the property sold and the net proceeds paid into court pending the resolution of the underlying accounting action.