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Motion for Certificate of Pending Litigation dismissed as balance of convenience favoured the defendants.
The plaintiff brought a motion for leave to register a Certificate of Pending Litigation (CPL) against a condominium property.
The plaintiff had assigned her agreement of purchase and sale to the first defendant, who later transferred his interest to his parents (the co-defendants) without paying the plaintiff the balance owed under the assignment agreement.
The court found no triable issue for a resulting or constructive trust.
Applying the Grefford test for a CPL in a fraudulent conveyance action, the court found a high probability of success and a triable issue regarding intent to defeat creditors, but ultimately dismissed the motion because the balance of convenience weighed against granting the CPL.
The court awarded partial indemnity costs of $79,140.92 to the applicant following a successful interlocutory injunction motion.
This costs endorsement follows the granting of interlocutory relief to Parkland Corporation in a lease dispute.
The court awards partial indemnity costs to Parkland, finding the respondents' conduct did not rise to the level warranting substantial indemnity.
The decision discusses the principles governing costs, including proportionality, misconduct, and the timing of costs awards.
The court granted an interlocutory injunction and a certificate of pending litigation to enforce a commercial lease.
The decision concerns Parkland Corporation’s motion for interlocutory relief to enforce negative covenants in a lease requiring Caledon Fuels Inc. to operate a gas station as an Ultramar station with fuel supplied by Parkland.
The court grants Parkland leave to register a certificate of pending litigation (CPL) and issues an injunction against Caledon and the purchaser, 16408117 Canada Inc., from breaching the lease.
The ruling addresses the legal tests for a CPL and interlocutory injunction, the effect of actual notice of a lease under the Land Titles Act, and the balance of convenience between the parties.
