Kristin Ernest Hutton

The plaintiff, Penalta Group Ltd., brought a motion to extend deadlines for serving expert reports and setting the action down for trial, following a previous order that set aside an administrative dismissal for delay.

The defendant American Buildings Company opposed the motion, arguing for automatic reinstatement of the dismissal.

The court granted the extension for setting the action down for trial to November 3, 2022, and partially granted the extension for expert reports, specifically for Mr. Hartog's report to July 30, 2022.

However, a further extension for an additional expert report was denied due to insufficient evidence that an expert had been retained or how long it would take.

The court also granted leave for the plaintiff to continue the motion after serving the trial record.

The Appellants (Niagara Radio Group Inc., Northguard Capital Corp., and Andrew Ferri) brought a motion for an extension of time to perfect a consolidated appeal.

They initially sought to set aside or vary a previous order, but acknowledged that a single judge of the Court of Appeal lacked jurisdiction to do so.

The delay in perfecting the appeal was attributed to difficulties in issuing and entering court orders.

The Respondents (Hydro One Networks Inc. and Scargall Owen-King LLP) did not oppose the motion.

The motion was granted, extending the deadline for perfecting the appeal.

This motion endorsement addresses two motions: one by 1746878 Ontario Inc. to stay a finding of contempt against it, and an oral cross-motion by Pollard Windows Inc. alleging continued contempt by Andrew Ferri.

The court applied the RJR-MacDonald test for a stay, finding no serious issue to be tried as 1746878 Ontario Inc. had previously admitted contempt.

The court also found no irreparable harm.

Consequently, the motion to stay the contempt finding was dismissed.

The court further dismissed Pollard Windows Inc.'s oral motion, clarifying that the prior order against Andrew Ferri precluded him from participating in proceedings but not from acting as a director of 1746878 Ontario Inc.

This motion determined priority between creditors following a judicial sale of a residential property.

Pollard Windows Inc., a construction lien claimant, sought priority over 1746878 Ontario Inc., an assignee of a mortgage.

The court found that the mortgage held by 1746878 Ontario Inc. was a fraudulent conveyance, part of a scheme by the controlling individual (Andrew Ferri) and related entities to defeat creditors.

The court rejected 1746878 Ontario Inc.'s claims of priority, finding that the alleged notice of sale was invalid, it failed to prove any actual advances under the mortgage, and the transaction bore numerous badges of fraud.

Pollard Windows Inc. was granted priority for its judgment and costs.

On a summary judgment motion in long-running drainage litigation, the moving defendants sought dismissal on limitation grounds and substantial indemnity costs.

The responding plaintiffs opposed and sought related procedural relief, including amendment of pleadings to particularize nuisance and to plead discoverability and fraudulent concealment.

The court held that the record disclosed multiple genuine issues requiring a trial, including disputed facts regarding design, construction, disclosure obligations, and the interaction of potentially applicable statutory limitation regimes.

Summary judgment was dismissed, leave to further amend the amended statement of claim was granted, and the matter was directed to proceed expeditiously toward trial.