Jyoti Chaudhry

The plaintiff's action initially appeared before a judge for a summary judgment motion in the Central West Region.

The judge noted that the action fit within the definition of a class action currently being case managed in the Southwest Region, and initiated a motion to transfer the action to avoid inconsistent verdicts and promote litigation economy.

The Regional Senior Justice considered the relevant rules and statutory provisions, and ordered the proceeding transferred to the Southwest Region to be case managed with the class action, maintaining the temporary stay previously ordered.

The plaintiff, MDG Newmarket Inc., brought a motion for summary judgment to enforce minutes of settlement against the defendant, Pierre Pascal, related to a rental contract for HVAC equipment.

Mr. Pascal counterclaimed, alleging misrepresentation, unjust enrichment, and statutory breaches, including under the Consumer Protection Act, 2002.

The court noted an ongoing class action against MDG involving similar contracts.

The court temporarily stayed MDG's action and referred the matter to the Regional Senior Judge in the Southwest Region to determine if it should be transferred or considered part of the class action, citing concerns about inconsistent findings and judicial efficiency.