3 total
Default judgment granted for $50,000 investment due to breach of contract and conversion.
The plaintiff brought a motion for default judgment after investing $50,000 in a gym concept promoted by the defendants.
The defendants failed to provide the agreed-upon shares, did not use the funds for the gym, and did not defend the action.
The court found the deemed admissions in the statement of claim established breach of contract, unjust enrichment, and conversion.
Default judgment was granted for $50,000 plus costs, but the claim for punitive damages was dismissed due to an insufficient record.
Tenant awarded damages for unlawful lockout; landlord's application to terminate commercial lease dismissed.
The tenant applied for damages and relief from forfeiture after the landlord locked it out for unpaid rent.
The landlord brought a cross-application seeking to terminate the lease for the tenant's alleged failure to maintain the premises.
The court found that the landlord acted in bad faith by locking out the tenant after refusing to accept rent for several months, which caused the arrears.
The court granted the tenant's application, awarding damages for loss of business, and dismissed the landlord's application, finding no persistent or substantial breaches of the lease.
The court dismissed a motion for security for costs because the plaintiff's claim was primarily for oppression, triggering the statutory prohibition.
The defendant, Scott Allen Smith, brought a motion seeking security for costs from the plaintiff, Nevada Tours, a Mexican corporation, on the grounds that the plaintiff was ordinarily resident outside Ontario.
The plaintiff opposed, arguing the motion was barred by s. 249(3) of the Business Corporations Act (OBCA) as its claim against Smith was primarily for oppression.
The court dismissed the motion, finding that the plaintiff's claim against Smith was in pith and substance an oppression claim, thus triggering the s. 249(3) prohibition against security for costs.
The court also found the plaintiff had sufficiently pleaded facts to potentially qualify as a "complainant" under the OBCA.
