P. Askew

The applicant sought leave to register a certificate of pending litigation against a residential property after the respondents refused to grant a short extension for closing and terminated the agreement of purchase and sale.

The applicant claimed specific performance, arguing the property was unique and that the parties' prior flexible dealings raised an issue of estoppel regarding the strict enforcement of the closing date.

The court found triable issues regarding both the uniqueness of the property and estoppel, and concluded that the balance of convenience and equities favoured the applicant.

The motion to register the certificate of pending litigation was granted.

The appellants appealed an Associate Judge's decision dismissing their motion to strike the respondents' statement of claim for lack of particularity or dismiss it for delay, and granting the respondents' motions to extend time for service and compel answers to undertakings.

The underlying action involved allegations of fraudulent conveyances following a $2.3 million judgment against the corporate defendant.

The Superior Court dismissed the appeal, finding no error of law or palpable and overriding error in the Associate Judge's application of the test for delay or the principles for striking pleadings.

The court declined to consider the appeal regarding the undertakings motion because the corporate defendant was not an appellant and was unrepresented.

The plaintiffs brought a motion to compel answers to outstanding undertakings and refusals from a judgment debtor examination, and to extend the time for service of a 2017 statement of claim alleging improper transfers intended to defeat collection of a 2011 judgment.

The defendants brought a cross-motion to strike the 2017 statement of claim for lack of particularity.

The court granted the plaintiffs' motion, finding the defendants' efforts to fulfill undertakings were insufficient and their claims of prejudice regarding the delay in service were weak and speculative.

The defendants' motion to strike was dismissed as premature.