Roger N. MacIntosh

The plaintiff landlord brought a motion for summary judgment for rental arrears against the tenant, Nightingale HealtheNet Canada Corporation (NHCC), and its parent company, Nightingale Informatix Corporation (NIC).

The plaintiff argued that NIC was liable based on equitable assignment or part performance, as NIC had paid rent for NHCC for a period after NHCC became financially unviable.

The court granted summary judgment against NHCC but dismissed the claim against NIC, finding no written agreement, guarantee, or sufficient acts of part performance to bind the parent company to the lease obligations.

The court also declined to pierce the corporate veil.

The moving party sought to set aside a default judgment that reversed the transfer of her former common-law spouse's interest in their jointly-owned home under the Fraudulent Conveyances Act.

The court applied the three-part test for setting aside a default judgment.

The court found that the moving party failed to provide an adequate explanation for her default, delayed unreasonably in bringing the motion, and presented a weak defence on the merits regarding whether the assumption of a mortgage constituted good consideration.

The motion was dismissed with costs.