N. Cartel

The defendants, who are lawyers, were previously found in civil contempt for failing to comply with a Mareva injunction and production orders related to the misappropriation of millions of dollars from their trust account.

During the two-month period provided to purge their contempt, the defendants failed to produce the required financial documents or account for the missing funds, and one defendant traveled to Europe despite a court order prohibiting travel.

The court found that the defendants' conduct was deliberate, for personal gain, and showed no remorse.

Both defendants were sentenced to 30 days of incarceration to serve the objectives of denunciation and deterrence.

The plaintiff condominium corporation brought motions to extend the set down deadline in a 2012 construction deficiency action and to have a related 2017 solicitor's negligence action tried together with it.

The defendants in the construction action cross-moved to dismiss for delay.

The court granted the extension peremptorily to December 31, 2023, finding the delay adequately explained and no actual prejudice to the defendants.

The court dismissed the motion to try the actions together and instead stayed the solicitor's negligence action, finding the construction action significantly more complex and that a stay would prevent unnecessary duplication of resources.