Rohan Devdatt Shah

The court considered a motion for default judgment brought by the plaintiff, Ranjani Venkataramani, against Abdulla Abdul Fatah, 5053767 Ontario Inc. (operating as Apolo and Co.), John Doe Construction Corp, and Golden Seal Construction Corp. The plaintiff sought damages for breach of contract, breach of the Consumer Protection Act, negligence, negligent misrepresentation, and punitive damages arising from a failed home renovation.

The court granted partial default judgment for $80,000 against Apolo and the same amount jointly and severally against Apolo and Mr. Fatah under the Consumer Protection Act, but declined to award further damages for delay, lost rental income, additional interest, or punitive damages due to insufficient evidence.

The court also clarified the limited circumstances in which corporate officers can be held personally liable.

The decision addresses motions by First Trust Management AG, as Trustee of The Salus Rete Trust, to stay or dismiss two related actions on the basis that Ontario lacks jurisdiction or is not a convenient forum.

The court finds that the claims are adequately pleaded, that Ontario has jurisdiction simpliciter based on several presumptive connecting factors (including contracts made in Ontario and torts committed in Ontario), and that Ontario is the most appropriate and convenient forum for the actions.

The motions are dismissed.