Nathan Lean is an Ontario lawyer with 3 court cases on record from 2020 to 2022.

What courts has Nathan Lean appeared in?

Nathan Lean has appeared in Superior Court of Justice.

How many cases has Nathan Lean handled?

Nathan Lean has 3 cases on record from 2020 to 2022.

What judges has Nathan Lean appeared before?

Nathan Lean has most frequently appeared before Justice Koehnen, Justice Marvin Kurz.

Nathan Lean | Lawyer

3 total

Greenpath Capital Partners Inc v. Trilend Inc. et al, 2022 ONSC 7316

Two related applications were brought to determine the priority and validity of $283,508.64 in disputed fees claimed by the first mortgagees following a power of sale.

The second mortgagee argued the fees were not part of the first mortgage and violated s. 8(1) of the Interest Act.

The court held that the forbearance agreement containing the fees did not form part of the first mortgage and could not be enforced in priority to the second mortgage.

Furthermore, the court found the default and prepayment fees constituted unenforceable penalties under s. 8(1) of the Interest Act, meaning they could not be claimed against the mortgagor or guarantor either.

SCJDec 28, 2022

Respondent Counsel

Thrive Capital Management Ltd v. Michael Hyman et al., 2020 ONSC 4921

The plaintiffs brought a motion to find the Developer Defendants in contempt of multiple court orders, including a Mareva injunction.

The plaintiffs had invested $9,000,000 with the defendants, who allegedly misappropriated the funds and failed to provide a court-ordered accounting, disclosure, and contact information.

The court applied the three-part test for civil contempt and found the Developer Defendants intentionally breached the orders by failing to provide an accounting, failing to disclose documents, actively thwarting a real estate closing, and failing to provide vehicle information.

The Developer Defendants were found in contempt, with a sanctions hearing to follow.

SCJAug 21, 2020

Applicant Counsel

Thrive Capital Management Ltd. v. Noble 1324 Queen Inc., 2020 ONSC 8195

In the context of a complex fraud action, the court previously ordered the sale of a mortgaged property.

The First Mortgagees subsequently brought a motion seeking payment of three months' interest out of the sale proceeds.

The court dismissed the motion, finding it was barred by issue estoppel and constituted a collateral attack on the prior sale order, as the First Mortgagees failed to attend the prior hearing or produce relevant documents.

Furthermore, the court held that the claimed interest amounted to an unenforceable penalty under the Interest Act and granted relief from forfeiture under the Courts of Justice Act.

Costs were awarded to the plaintiffs on a substantial indemnity basis.

Respondent Counsel