No one appearing for the remaining defendants

The plaintiff, Huanyu Shi, sought summary judgment against the defendant, Junxu Chen, for defaulting on a cross-border currency exchange/loan agreement.

The court found that Mr. Chen received substantial funds from Mr. Shi and failed to repay them as agreed, rejecting Mr. Chen’s claims of repayment.

The court awarded Mr. Shi $2,308,309 in damages, declined to award punitive damages, and refused to impose a tracing order or constructive trust.

Substantial indemnity costs and prejudgment interest were also awarded.

The plaintiff, Plainview Heights Property Ltd., brought a motion for default judgment against the defendants, Moreom Khatun and Rehan Uddin, following a failed real estate transaction.

The defendants were noted in default after failing to defend the proceeding.

The court reviewed the requirements for default judgment, including the need for evidence supporting unliquidated damages.

The court found liability established but adjourned the motion to allow the plaintiff to file further evidence regarding damages and mitigation.

The court considered a motion by Salerno Realty Inc., Brokerage to dismiss Intercity Realty Inc., Brokerage’s action for breach of contract and commission entitlement, on the basis that the matter had already been determined by arbitration under the Toronto Regional Real Estate Board (TRREB) process.

The court found that its jurisdiction was ousted by the TRREB Arbitration Guidelines, which required members to submit commission disputes to arbitration.

The court also found that issue estoppel applied, as the issues had been fully adjudicated in arbitration, and dismissed the action against Salerno.

The decision did not affect Intercity’s claim against the defendant Mr. Cardwell.

The court considered a motion to remove the Public Guardian and Trustee (PGT) as litigation guardian for Stephen Duffy, following a new capacity assessment that found him capable of managing property.

The court found the evidence insufficient to establish, on a balance of probabilities, that Stephen was no longer a party under disability within the meaning of the Rules of Civil Procedure.

The motion was dismissed without prejudice, and the PGT remains as litigation guardian.

The court granted summary judgment in favour of the Royal Bank of Canada against Nagina Wahab, who had guaranteed the debts of HI & DQ’s Foods Incorporated.

The court found that Wahab’s defences—including lack of independent legal advice, inability to understand English, and claims of acting under another’s direction—were unsupported by evidence.

The court held that the requirements for summary judgment were met, as there was no genuine issue requiring a trial.

Wahab was ordered to pay $300,000 plus interest and costs.

The plaintiff, William Fu, sought judgment for the repayment of funds advanced to the defendants for an investment in Nigerian crude oil.

The court found that the defendants orchestrated a fraud, making false representations to induce Fu to invest, and awarded damages, punitive damages, and costs to the plaintiff.

The court declined to find breach of contract, finding the loss was caused by fraudulent misrepresentation, and issued reasons for the award of substantial indemnity costs.

The plaintiff, Gashtaseb Gholipour, sued Saeid Vahid Rezaei and Persia Bakery & Kabob for breach of a shareholder agreement.

The court found that Mr. Rezaei wrongfully excluded the plaintiff from the business, constituting a breach of contract.

The plaintiff was awarded reliance damages of $177,130.75, plus interest and costs, representing the start-up funds he invested in reliance on the agreement.

The court also addressed the winding up of the company and dismissed the counterclaim and crossclaim.

This endorsement addresses a motion for default judgment brought by family members of victims of the Ukraine International Airlines Flight PS 752 crash, which was downed by the Iranian Islamic Revolutionary Guard Corps.

The plaintiffs sought compensation for wrongful death, including damages under the Family Law Act, pain and suffering for the estates, and punitive damages.

The defendants did not defend the action.

The court consolidated this action with a previous, identical proceeding (Zarei v. Iran) and adopted Justice Belobaba's findings on liability (that the downing was an intentional act of terrorism) and the viability and quantum of damages.

The court also addressed preliminary procedural issues, granting orders to seal the court file, anonymize the plaintiffs' names due to fear of retribution, and appoint litigation administrators for the deceased estates.

The court awarded specific amounts for loss of guidance, care, and companionship, pain and suffering for each deceased victim's estate, and further punitive damages, reasoning that the prior punitive award in Zarei only sanctioned the wrongs against those specific victims, and a new award was necessary to punish the defendants for the torts committed against the present plaintiffs.

The plaintiffs sued multiple defendants over a property dispute involving a cottage, a right of way, and claims for damages due to negligence and adverse possession.

The court found Robert Moore negligent for a mudslide damaging the plaintiffs' outhouse and Howard Moore liable for exacerbating damage and spoliation of evidence.

However, the plaintiffs failed to establish adverse possession over the disputed land, as they could not prove intent to exclude the true owner or effective exclusion.

The court awarded modest damages against Robert Moore and Howard Moore, but dismissed the adverse possession claim.