Richard Worsfold

The plaintiff, acting as Estate Trustee, brought a motion for leave to issue a Certificate of Pending Litigation (CPL) against a property held by the deceased's sister.

The deceased and her sister had taken title as joint tenants following a refinancing arrangement, but the sister had not paid the agreed consideration.

After the deceased's death, the sister registered a survivorship application and further encumbered the property.

The court found that the transfer was gratuitous, raising a presumption of resulting trust, and that the Estate had met the threshold of demonstrating a triable issue regarding its interest in the property.

The motion was granted, and costs were awarded to the plaintiff.

The court held a case management conference in a land dispute action involving a failed real estate transaction and a discharged certificate of pending litigation.

The court issued procedural directions regarding the amendment of pleadings, demands for particulars, and discussions on security for costs, while setting dates for examinations for discovery and the next case management conference.

The applicant was successful on the application and sought costs of $20,000 plus HST.

The respondent argued for reduced costs of $15,000 due to divided success, claiming the applicant abandoned some relief at the hearing.

The court found no evidence that the respondent incurred additional costs due to the abandoned relief.

The court awarded the applicant costs on a partial indemnity basis in the amount of $17,157.72, all inclusive.

The applicant mortgagor sought a declaration that the respondent mortgagee was not entitled to withhold a three-month interest charge of $351,000 following the sale of the secured property by a privately-appointed receiver.

The court held that section 17 of the Mortgages Act does not allow a mortgagee to claim three months' interest when realizing on security through a forced sale.

Furthermore, the specific terms of the mortgage did not grant the mortgagee the right to impose this charge upon realization.

The application was granted, and the respondent was ordered to account for and transfer the withheld funds to the applicant.