Ravinder Sawhney

The plaintiffs brought a motion for judgment arising from the defendants' breach of a settlement agreement.

The defendants failed to pay the final installment, sign a consent to judgment, and sign a consent to a dismissal order, citing the COVID-19 pandemic as an excuse to unilaterally alter the terms.

The court found no valid reason for non-compliance, rejected the pandemic excuse, and granted judgment for the plaintiffs in the amount of $90,000 (the $120,000 default amount less $30,000 paid), plus substantial indemnity costs.

The plaintiffs sold their property but were not paid the full purchase price, leaving a balance of $340,000.

The property was subsequently transferred to the defendant McCracken, who assumed the previous owner's debts and placed several mortgages on the property.

The plaintiffs remained on the property rent-free for eleven years.

The court found the plaintiffs were entitled to a vendor's lien for the unpaid purchase price, which took priority over the mortgages placed by McCracken because she had notice of the unpaid debt.

The court dismissed claims for occupation rent and punitive damages, and ordered the funds held in court to be distributed according to the determined priorities.

The court reviewed the report of a court-appointed independent solicitor who conducted the election of directors for the Muslim Association of Milton.

Neither party objected to the report or the conduct of the election.

The court adopted the report in its entirety, confirmed the elected directors for a five-year term, and approved the solicitor's account of $17,854.45 in full, ordering the Association to pay it.

Members of a charitable non‑profit corporation sought to set aside a board election on the basis that the process violated the corporation’s by‑laws and basic principles of fairness.

The court found that the interim board improperly expanded the membership list prior to the election and required members to reaffirm their memberships despite no authority for such requirement in the by‑laws.

The election was also conducted for a two‑year term despite the by‑laws specifying five‑year terms.

These irregularities went to the core of the electoral process and undermined the legitimacy of the result.

The court declared the election void and ordered that a new election be conducted under the supervision of an independent solicitor.