Phillip Johann Julien Wallner

The plaintiffs, Ebury Partners Canada Ltd. and Ebury Partners Finance Ltd., moved for summary judgment against the defendants for debts allegedly owed under a Transaction Finance Agreement and a Foreign Exchange Services Agreement.

The plaintiffs sought $142,251.07 plus interest under the FX Agreement and $84,496.40 plus interest under the TF Agreement, with the latter also sought against the defendant William Friedman as a personal guarantor.

The defendants opposed the motion, alleging that Ebury had made misrepresentations regarding the provision of advice and risk management tools.

The court found that summary judgment was appropriate and granted judgment for the plaintiffs in full.

The court addresses the issue of "costs thrown away" following the plaintiff's successful motion to amend his Statement of Claim to add Human Rights Code claims.

The court reviews the appropriate scale for such costs, the timing of the assessment, and the quantum to be awarded.

Ultimately, the court fixes the amount of costs thrown away at $52,549, payable by the plaintiff to the defendants, and provides detailed reasons for the calculation and allocation of these costs.

The decision addresses a motion to amend the Statement of Claim in a civil action brought by Gurupdesh Pandher against the University of Windsor and several individuals.

The court considers whether the plaintiff may add Human Rights Code claims from prior HRTO applications, the addition of new defendants, the sufficiency of defamation pleadings, the scope of misfeasance in public office, the introduction of new human rights grounds, the effect of the collective agreement and labour arbitration, the use of documents subject to the deemed or implied undertaking rule, and the pleading of matters subject to settlement privilege.

The court grants some amendments, strikes others, and provides detailed directions for further pleadings.

This decision concerns a motion for leave to appeal an order approving the sale of a property in receivership.

The moving parties, owners of the property, sought an adjournment to arrange financing to redeem the first mortgage and continue their affordable housing project.

The motion judge denied the adjournment and approved the sale.

On motion for leave to appeal, the Court of Appeal found that the proposed appeal did not raise issues of general importance, had little merit, and that granting leave would unduly hinder the receivership process.

The motion for leave to appeal was dismissed.

The decision addresses motions by the plaintiff to amend his Statement of Claim to add explicit human rights claims previously advanced before the Human Rights Tribunal of Ontario (HRTO), and to add two new defendants.

The court grants leave to amend to add the Code-related claims, finding that the amendments do not introduce new causes of action but rather new remedies arising from the same factual matrix.

The court denies leave to add new defendants, as claims against them are statute-barred.

The court also addresses costs thrown away on an abandoned injunction motion, awarding partial indemnity costs to the defendants.

This is a costs endorsement following an appeal.

The Court of Appeal had previously released its decision and invited written submissions on costs.

Considering the appellant's partial success on one issue and the dismissal of the balance of the appeal, the court fixed costs of the appeal at $20,000, inclusive of HST and disbursements, payable by the appellant to the respondent.

The Landlord appealed a trial judgment concerning a commercial lease, challenging conclusions regarding rent for a shed area and mezzanine, and the tenant's option to extend the lease, as well as the costs award.

The Court of Appeal allowed the appeal only to correct the limitation period for arrears of "non-lease-based rent" for the shed area from two to six years, finding it fell under the Real Property Limitations Act.

All other grounds of appeal, including the mezzanine rent, the validity of the lease extension, and the costs award, were dismissed.