Maood Bin Tahir

The defendants brought a motion to set aside a noting in default and default judgment obtained by the plaintiff in a dispute concerning guardian contracts for dogs.

The plaintiff, a dog breeder, had obtained default judgment for breach of contract and return of dogs/puppies.

The court granted the defendants' motion, finding they moved promptly, had a plausible explanation for the default (misunderstanding regarding notice from plaintiff's counsel), and presented an arguable defence on the merits.

The court emphasized the preference for resolving disputes on their merits and the importance of professional courtesy among counsel, particularly regarding default proceedings.

The plaintiffs sought to extend an interim injunction and a Certificate of Pending Litigation (CPL) against the defendants, alleging they were defrauded of $880,000 through an investment scheme involving real estate.

The court found a strong prima facie case of fraudulent misappropriation based on bank records showing funds diverted for personal use and no real estate purchases.

The court inferred a serious risk of asset dissipation and found irreparable harm would result without the injunction.

The balance of convenience favored granting the injunction and CPL.

The defendants' arguments regarding lack of fraud evidence, no risk of dissipation, and non-disclosure were rejected.

The respondent mother brought an urgent ex parte motion seeking protective orders due to fears that the applicant father would abduct their child and remove him to Qatar.

The father had initiated divorce proceedings in Qatar and failed to comply with previous Ontario court orders regarding disclosure and passport production.

The court found credible grounds to believe the father might attempt to abduct the child using another passport.

The motion was granted, and orders were issued to prevent the child's removal from Ontario.

An urgent case conference was scheduled to address the father's non-compliance and the competing jurisdictional proceedings.