Radha Lamba

The plaintiffs, Avante Automobile (2017) Corporation and Francesco Serpa, sought damages from BMW Canada Inc. for breach of statutory, contractual, and common law duties in relation to the purchase and operation of a BMW dealership.

The court found BMW Canada liable for failing to properly document an extension to complete required renovations and for not following the termination provisions of the Retailer Agreement.

However, the court preferred the defendant’s evidence on valuation and found no net recoverable damages.

The action was dismissed, subject to costs.

The defendants, a land surveying company and an employee, brought a motion for summary judgment to dismiss the plaintiffs' negligence claim.

The plaintiffs alleged that the defendants' reference plan incorrectly depicted a property boundary, leading to loss of access to their mill.

The defendants argued the claim was statute-barred by the Limitations Act and constituted an abuse of process due to prior related litigation.

The court dismissed the motion, finding that the claim was discovered within the two-year limitation period when the plaintiffs first learned the boundary might be wrong (August/September 2015), and that the action was not an abuse of process as it concerned distinct factual allegations from previous claims.

The moving intervenor, a law firm holding writs of execution for unpaid legal fees against the defendants, moved to set aside a trial judgment that granted the plaintiffs specific performance of an agreement of purchase and sale.

The plaintiffs cross-moved for a declaration that the law firm's writs, registered after the agreement was signed, did not bind the land.

The court dismissed the law firm's motion, finding it lacked standing as an unsecured creditor to reopen the trial under Rule 52.01(3).

The court granted the plaintiffs' cross-motion, declaring that upon signing the agreement, the vendors conveyed equitable title, and subsequent writs of execution could not attach to the purchasers' equitable interest.