Joseph Marcuccio

The Plaintiffs brought a motion for discovery of documents from the City of Greater Sudbury and interveners in advance of cross-examinations on affidavits for a pending interlocutory injunction motion.

The Plaintiffs sought documents related to the City's alleged bad faith and unfair treatment towards them, particularly in comparison to how the City dealt with their neighbours (the interveners).

The court found that allegations of bad faith or unfair treatment were not relevant to the pleaded causes of action (negligence, negligent misrepresentation, estoppel) or the criteria for injunctive relief as currently framed in the Statement of Claim.

Consequently, the request for documents pertaining to the neighbours' properties (1380 Keast Drive and 1366 Keast Drive) was dismissed.

However, the court ordered the City to produce records of communications related to the Plaintiffs' own permit applications and construction at 1377 Keast Drive, finding these relevant.

The plaintiffs sought a vesting order over residential property registered in their daughter's name, alleging that title had been placed in her name solely to obtain financing due to their bankruptcies.

They asserted an oral agreement that ownership would be transferred to them once the loan used to purchase the property had been repaid.

The defendant denied the agreement and argued that any compensation should be limited to monetary reimbursement for payments made.

The court found that the plaintiffs had paid the purchase-related expenses and loan repayments and that the defendant would be unjustly enriched if she retained the property.

Applying resulting trust principles, the court ordered that the property be vested in the plaintiffs.