Sara Mahmoud Romeih

The plaintiff, having successfully obtained judgment on a commercial lease claim, sought substantial indemnity costs.

The court awarded costs of $47,354 on a substantial indemnity scale, finding that the defendants' pre-litigation conduct (non-payment of rent, cessation of communication, deliberate breaking of locks, removal of fixtures, and causing damage) and their litigation conduct (failure to comply with Rules of Civil Procedure, not responding to timetables) were unreasonable and warranted a higher scale of costs.

The plaintiff, a commercial landlord, brought a motion for summary judgment against its tenant and personal indemnifiers for unpaid rent and damages following the tenant's default and early termination of a commercial lease.

The defendants argued frustration of contract due to COVID-19 lockdowns and disputed the extent of damages.

The court found that the lease was not frustrated by the pandemic, as the tenant's business model allowed for adaptation (online classes), and the landlord's mitigation efforts were reasonable.

The court granted summary judgment in favour of the plaintiff, holding all defendants jointly and severally liable for rental arrears, accelerated rent, property taxes, insurance, utilities, and repair costs, after making credibility findings against the self-represented defendants regarding the extent of damages.

This endorsement addresses several requests to vary existing Mareva, Norwich, Anton Piller, and Certificate of Pending Litigation (CPL) orders.

The Gendelman Defendants sought funds for living and legal expenses, continued funding for real estate projects, the lifting of a CPL on a property for sale, directions on seized evidence, and the return of their passports.

The court granted limited interim funds for living and legal expenses, adjourned the CPL issue for further discussion, directed the establishment of a protocol for seized evidence, and ordered the return of the Gendelmans' passports, emphasizing the high threshold for infringing liberty by retaining passports.

The plaintiff, Wayne Safety Inc., brought an urgent ex parte motion seeking Mareva, Anton Piller, and Norwich injunctions, along with certificates of pending litigation (CPLs) and an order to amend the Notice of Action, against its former bookkeeper, Diana Gendelman, her husband Natan Gendelman, and associated numbered companies.

The plaintiff alleged a significant and ongoing fraud, estimated at over $5.2 million, involving the diversion of company funds to accounts controlled by the defendants and the purchase of properties.

The court found a strong prima facie case of fraud and conspiracy, a risk of asset dissipation, and a need to preserve evidence.

All requested relief was granted.

Michael Beaudin, severely injured in a dirt bike motocross competition, sought statutory accident benefits from Travelers Insurance.

Travelers denied coverage, arguing the dirt bike was not an "automobile" under the Insurance Act and Statutory Accident Benefits Schedule (SABS) because it was exempt from the Off-Road Vehicles Act (ORVA) insurance requirement.

The core issue on appeal was whether the ORVA exemption for closed course competitions applied only if the competition was sponsored by a motorcycle association.

The Court of Appeal affirmed the Divisional Court's decision, holding that the ORVA exemption applies only to sponsored competitions.

Consequently, the dirt bike was not exempt and was considered an "automobile," entitling Beaudin to benefits.

The appeal was dismissed.