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Motion to register a Certificate of Pending Litigation granted on condition of a personal indemnity undertaking.
The defendants brought a motion to register a Certificate of Pending Litigation (CPL) on a commercial property after the plaintiffs refused to close the transaction.
The plaintiffs argued the agreement was part of a larger five-property deal and that the defendants acted in bad faith by only waiving conditions on one property while restructuring the vendor take-back mortgage.
The court found that while the plaintiffs raised valid concerns about the defendants' conduct, the defendants had a triable claim to an interest in land and had invested substantially in development plans.
The court granted the CPL on the condition that the defendants' principal provide a personal indemnity undertaking.
Suspended sentence imposed for sexual assault due to offender's life-threatening and highly contagious medical condition.
The offender, a 64-year-old first-time offender, was convicted of sexually assaulting his former partner by forcing anal intercourse.
The Crown sought a three-year penitentiary sentence, while the defence requested a suspended sentence due to the offender's life-threatening C. difficile infection.
The court found that while a 22-month sentence would normally be fit, the offender's unique and severe medical condition meant incarceration would seriously compromise his life.
The court imposed a suspended sentence with three years of probation, including strict house arrest conditions to protect the public from infection.
