3 total
Noting in default set aside with substantial indemnity costs due to defendant counsel's sharp practice.
The third party brought a motion to set aside a noting in default.
The third party had previously obtained a waiver or extension of time to deliver a defence from the defendant's former counsel.
The defendant's new counsel noted the third party in default without providing any notice or requesting the defence.
The court found this constituted sharp practice and a breach of professional obligations.
The motion was granted, the noting in default was set aside, and the defendant was ordered to pay substantial indemnity costs of $9,600.
The court dismissed a motion to set aside an ex parte order for a Certificate of Pending Litigation, finding no material non-disclosure and a triable issue regarding the severance of a joint tenancy.
The defendant, Randy Gliddon, brought a motion to set aside an ex parte order that permitted the plaintiffs to register a Certificate of Pending Litigation (CPL) against a property.
The defendant argued that the CPL was obtained without full and fair disclosure and that there was no triable issue.
The court found no material non-disclosure, noting that the plaintiffs' reliance on an alleged oral trust agreement between the deceased and the defendant, as evidenced by a lawyer's email, was sufficient to raise a triable issue regarding the severance of joint tenancy.
The motion to set aside the CPL order was dismissed, and costs were awarded to the plaintiffs.
The court permitted estate property refinancing with drawdown restrictions and denied the beneficiaries' request for a Certificate of Pending Litigation.
The defendant Mireille Jehn brought a motion seeking directions to restrain the plaintiffs from registering a caution or certificate of pending litigation (CPL) and for leave to provide 22 days' notice for refinancing instead of 30 days.
The plaintiffs cross-moved to restrain further encumbrance/refinancing and to place a CPL on the properties.
The court permitted the refinancing to proceed but restrained Mireille Jehn from drawing down funds beyond refinancing costs and $80,000 for carrying costs.
Leave was granted for the immediate 22-day notice, but future notice was extended to 60 days.
The court denied the request for a caution or CPL, finding the plaintiffs' resulting trust claim enured to the Estate, not them personally, thus they lacked a direct "interest in land."
