COURT FILE NO.: CV-20-84796
DATE: 20210609
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 2280092 Ontario Inc., Plaintiff
AND
Robert Collins, Hailin Collins and Meridian Credit Union Limited, Defendants
AND BETWEEN
Robert Collins, Hailin Collins, a.k.a. Hailin Wang, Plaintiffs by Counterclaim
AND
Claude Heroux, Giancarla Heroux, PCH Homes Ltd., 22800092 Ontario Inc., PCH Homes and C C Green Homes, Defendants by Counterclaim
BEFORE: Mr. Justice P.E. Roger
COUNSEL: Robert Ruddock, for the Plaintiff, (Defendants by Counterclaim)
Martin Z. Black, for the Defendants, (Plaintiffs by Counterclaim)
HEARD: June 8, 2021
ENDORSEMENT
[1] The defendants brought a motion and the plaintiff brought a cross-motion. Both were heard all day on June 8, 2021.
[2] In addition to the above, the parties confirmed their agreement for a consent order to go as per paragraph 3 of the defendants’ reply factum and as per paragraph 1(f) of the defendants’ original factum – that order may be signed and issued on consent (with the parties filing a consent and order).
[3] Counsel for the defendants confirmed that his clients were limiting their motion to seeking an order that the claim for lien and certificate of action were registered late and are to be discharged and deleted from title and to an order for security for costs. The other points raised in the defendants’ materials were stated to be for context and left to be decided at trial. The plaintiff proceeded with its cross-motion.
[4] For reasons read on the record this morning, an order may issue for the following relief:
An order under s. 47 (1) of the Construction Act, R.S.O. 1990, c. C.30 that the claim for lien and certificate of action registered against the property described in the pleadings (insert complete description of the property) and registered as instruments OC2238652 and OC2272551 are invalid and are to be discharged and deleted from title to the property.
This action shall otherwise continue as an ordinary action, as opposed to an action brought under the Construction Act. If the parties are unable to agree on a schedule in order to effectively timeline and complete outstanding steps for the main action and counterclaim, then any party may request a case conference for the purpose of establishing a timetable.
An order for security for costs shall issue in the appropriate form in the amount of $27,500, requiring the plaintiff to post or pay into court within 45 days from the date of this order as security for the costs of the main action (the plaintiff’s action) either cash, a letter of credit, a bond, or a second-priority mortgage over the property at 2 Finrod Court, Ottawa, in a form acceptable to the defendants, and until an acceptable form of security for costs required by this order has been given, the plaintiff may not take any step in the main action (the plaintiff’s action), except an appeal from this order or to defend the counterclaim brought by the defendants.
Under section 7(2) of the Business Names Act, R.S.O. 1990, c. B.17, leave is granted to the plaintiff to maintain this action.
Other than as stated above at para. 4, the plaintiff’s cross-motion is otherwise dismissed.
As indicated above, an order shall also issue on consent as per paragraph 3 (a) and (b) of the defendants’ reply factum and as per paragraph 1(f) of the defendants’ original factum, by the parties filing a consent and draft order for same.
The parties may attend before me if they are unable to settle the terms of these orders and security, or for a case conference is one is required, although I am not seized of this matter.
For reasons read on the record after hearing submissions of counsel this morning, costs of these motions are ordered payable by the plaintiff and defendants to the counterclaim to the plaintiffs by counterclaim in the all-inclusive amount of $15,000, payable within the next 30 days.
Mr. Justice P.E. Roger
Date: June 9, 2021
COURT FILE NO.: CV-20-84796
DATE: 20210609
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: 2280092 Ontario Inc., Plaintiff
AND
Robert Collins, Hailin Collins and Meridian Credit Union Limited, Defendants
AND BETWEEN
Robert Collins, Hailin Collins, a.k.a. Hailin Wang, Plaintiffs by Counterclaim
AND
Claude Heroux, Giancarla Heroux, PCH Homes Ltd., 22800092 Ontario Inc., PCH Homes and C C Green Homes, Defendants by Counterclaim
BEFORE: Mr. Justice P.E. Roger
ENDORSEMENT
Roger J.
Released: June 9, 2021