Joseph F. Lo Greco

The defendant moved to discharge a certificate of pending litigation (CPL) obtained by the plaintiff on an ex parte motion.

The plaintiff claimed a 50% interest in a condominium unit purchased by the defendant, relying on a trust agreement.

The court discharged the CPL, finding that the plaintiff failed to make full and fair disclosure of material facts on the ex parte motion, including the defendant's dispute of the claim and the plaintiff's failure to contribute to expenses.

The court also found the plaintiff failed to prosecute the action with reasonable diligence and that the equities favoured discharging the CPL, as the property was not unique and damages would be an adequate remedy.

The Landlord sought summary judgment for unpaid rent and repair costs after the Tenant vacated the leased premises early.

The Tenant argued a verbal agreement reduced rent and denied causing damage.

The court dismissed the claim for repair damages due to insufficient pleading and evidence.

It found a genuine issue requiring a mini-trial regarding the verbally agreed-upon monthly rent, acknowledging that parties can waive "entire agreement" clauses by conduct.

The plaintiff advanced $90,000 to his daughter and son‑in‑law following the sale of his home.

The court held that equity presumes bargains rather than gifts and found the defendant failed to rebut the presumption that the advance was a loan.

However, the court determined that the loan constituted a demand obligation created prior to January 1, 2004, making the former six‑year limitation period under the Limitations Act applicable.

Because the claim was issued more than six years after the date of advancement and there had been no acknowledgment of the debt or payment to extend the limitation period, the claim was statute‑barred.

The action was dismissed and costs were awarded to the defendant.