Kyle C. Armagon

The plaintiffs brought a motion for a certificate of pending litigation (CPL) after the defendants terminated an agreement of purchase and sale for a residential property.

The defendants claimed the agreement was terminated because the plaintiffs failed to provide a certified cheque for the deposit, though the agreement only required a 'negotiable cheque'.

The court found that the plaintiffs had established a reasonable claim to an interest in the land, noting the property's unique feature of abutting a public park.

Concluding that the defendants likely repudiated the agreement to seek a higher purchase price in a rising market, the court held that the equities strongly favoured the plaintiffs and granted the CPL.

The plaintiffs loaned $25,000 to the individual defendant's corporation based on a long-standing friendship.

When the loan was not repaid, the plaintiffs sued the corporation and the individual defendant.

The defendants failed to attend the trial.

The court found that the individual defendant had personally guaranteed the loan to protect his own interest in the corporation, taking the guarantee out of the Statute of Frauds.

Judgment was granted against both defendants for the principal amount plus interest and costs.

The plaintiff corporation, a publisher of trade magazines for the wood industry, brought an action against its former officer and shareholder for breach of non-competition and non-solicitation clauses in a shareholders agreement.

After the defendant's shares were bought out, he engaged in consulting work for various wood industry associations.

The court dismissed the action, finding that the consulting work did not constitute 'ancillary and related activities' to the plaintiff's magazine publishing business, and the defendant did not solicit the plaintiff's advertising clients or compete in the Canadian magazine marketplace.