R. Hosseini

The plaintiff advanced funds to his common-law stepson to purchase a property.

A dispute arose over the terms of the oral loan agreement and whether the plaintiff was intended to have a mortgage.

The plaintiff moved for a certificate of pending litigation (CPL), and the defendant moved to amend his statement of defence and to remove a notice registered by the plaintiff under the Land Titles Act.

The court granted the defendant leave to amend, finding no breach of settlement privilege.

The court dismissed the plaintiff's motion for a CPL, finding that while there was a triable issue regarding an equitable mortgage, the equities favoured the defendant.

The court also ordered the removal of the plaintiff's registered notice.

The self-represented plaintiff succeeded in a construction lien action, recovering $8,277.97 after claiming over $67,000.

The defendants, who failed on their $112,000 counterclaim, argued the plaintiff should be denied costs because the recovery fell within the Small Claims Court jurisdiction and because of an unaccepted offer to settle.

The court held that the Small Claims Court lacks jurisdiction over lien actions, making Rule 57.05(1) inapplicable.

The court awarded the plaintiff $9,000 in partial indemnity costs, reducing the amount due to his failure to engage in reasonable settlement negotiations.

The plaintiff contractor brought a construction lien action against the defendant homeowners for unpaid amounts and extras on a fixed-price home renovation contract.

The homeowners counterclaimed for construction deficiencies and incomplete work.

The court found that the parties had varied the contract by conduct to allow for extras without written change orders, but the contractor only proved entitlement to a few of the claimed extras.

The court dismissed most of the homeowners' deficiency claims due to unreliable expert evidence, but awarded them several credits for incomplete work and unapproved material substitutions.

Ultimately, the court found the homeowners breached the contract by failing to pay the final installment and granted the contractor judgment and a valid lien for the remaining balance of $8,277.97.