Gill v. Bhola, 2015 ONSC 1113
COURT FILE NO.: CV-15-0761-00
DATE: 2015-02-19
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jaswinder Singh Gill
and
Satish Kumar Bhola
BEFORE: Bloom J.
COUNSEL: Harjaap Mann, for the Plaintiff and Moving Party
Satish Kumar Bhola, Self-represented and not appearing
HEARD: February 19, 2015
ENDORSEMENT
[1] The Plaintiff, the Moving Party, issued a statement of claim on February 13, 2015, seeking various forms of relief based on allegations that the Defendant defrauded him of $186,000 by altering a bank draft.
[2] The Plaintiff by motion supported by affidavit evidence seeks interim relief.
[3] The affidavit evidence sets out that the Plaintiff acted as the solicitor for the Defendant in a real estate transaction for the purchase of a condominium unit. The legal description and municipal address of that unit are set out in the notice of motion. The Defendant according to that evidence provided the Plaintiff with funds by way of an altered $186,000 bank draft. The Plaintiff relied on that draft and his account became overdrawn, causing him to bear liability for $186,000.
[4] I will now deal with the relief sought on this motion. The Plaintiff seeks an order for substituted service of the statement of claim. I am satisfied that he is entitled to that order in view of the difficulty in serving the Defendant. The statement of claim and all other documents may be served on the Defendant by e-mail to umapuran@gmail.com. Service will be effective one hour after the sending of the e-mail and must be completed by February 25, 2015.
[5] The Plaintiff seeks leave to have issued a certificate of pending litigation in respect of the condominium unit. That relief is claimed also in the statement of claim on the footing that title to the property should be ordered to be registered in the Plaintiff’s name because his funds paid for it. I am satisfied that there is a basis for the claim to the title of the property sufficient to issue a certificate of pending litigation. A copy of my order authorizing the issuance of the certificate along with copies of the notice of motion heard today and supporting materials are to be served on the Defendant by February 25, 2015.
[6] What has given me greatest difficulty on this motion is the question of interim relief respecting dissipation of the Defendant’s assets. The only such asset of which the Plaintiff is aware is the aforementioned condominium unit, which is presently registered in the Defendant’s name. The Plaintiff has undertaken to pay to the Defendant monetary compensation for any damages suffered by the Defendant consequent upon an order made by me in respect of the Defendant’s dissipation of that asset.
[7] Accordingly, I order that the Defendant not encumber, damage, or in any way deal with the condominium unit pending a hearing on three days notice to the Defendant to be held on February 27, 2015, at which continuation of this order and all other related matters are to be addressed by myself or any other judge of this court. So that this order can achieve its purpose of preventing dissipation of an asset, the condominium unit, which is currently unoccupied, that unit must not be damaged by the Defendant. For that reason I order that counsel for the Plaintiff, with such assistance as may be required from the Property Manager of the condominium, have sole access by key to entry to the unit. Out of an abundance of caution the Plaintiff’s undertaking to pay damages as discussed above, is made part of this order.
[8] I reserve costs of this motion to the judge at the hearing to take place on February 27, 2015.
BLOOM J.
DATE: February 19, 2015
Gill v. Bhola, 2015 ONSC 1113
COURT FILE NO.: CV-15-0761-00
DATE: 2015-02-19
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jaswinder Singh Gill
and
Satish Kumar Bhola
COUNSEL: Harjaap Mann, Counsel for the Plaintiff
Satish Kumar Bhola, Self-represented and not appearing
ENDORSEMENT
BLOOM J.
DATE: February 19, 2015