COURT FILE NO.: CV-20-00004304-00
DATE: 2022 08 30
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
ANMOLDEEP SINGH, IN TRUST, 2774012 ONTARIO INC., 1336995 ONTARIO LTD. Operating as ZET TINT and Z. BLACK TINT & WRAP
Plaintiffs
and
2722296 ONTARIO INC. and 2776901 ONTARIO INC. and TANVI OHRI
Defendants
BEFORE: RSJ RICCHETTI
COUNSEL: Baljinder Singh, Self-Represented, for 2774012 Ontario Inc. and 1336995 Ontario Ltd.
P.E. DuVernet for the Defendants
HEARD: August 29, 2022
ENDORSEMENT
THE MOTION
[1] This is a motion by the Defendants to discharge the Certificate of Pending Litigation (CPL) and for a writ of possession.
[2] Essentially, the Defendants seek this relief as the Plaintiffs have failed to comply with the payment terms in paragraphs 1 and 2 of my Order of June 22, 2022.
The Preliminary Issue
[3] Mr. Singh appeared. He is not a party. Mr. Singh advised the court he was the majority shareholder in the two corporations (2774012 Ontario Inc. and 1336995 Ontario Ltd.). While approval to represent the two corporations was not sought, the court permitted Mr. Singh to make submissions on behalf of the two corporations.
[4] No one else appeared for the remaining Plaintiffs. Counsel of record for the Plaintiffs did not appear today. No explanation was offered.
[5] Mr. Singh sought an adjournment. Mr. Singh advised the court that he wanted to retain new counsel because of the death of "his counsel".
[6] Neither Mr. Singh nor any of the Plaintiffs filed any responding materials.
[7] I denied Mr. Singh's request for an adjournment for the reasons that follow.
[8] Mr. Singh submitted that "his lawyer died" and therefore needed to retain new counsel. It turns out that unfortunately, Mr. Augruso, the junior counsel on the June 2022 motion, subsequently died. However, Mr. Radnoff the senior counsel and the corporate counsel, Mr. Thapar, both of whom are and continue to be counsel of record in these proceedings for the Plaintiffs, did not appear today. Why Mr. Augruso's unfortunate death requires a change in counsel was not explained by Mr. Singh. I am not persuaded, based on the lack of explanation, that this is a valid or reasonable basis to grant an adjournment.
[9] Mr. Singh initially stated to the court that the monies to comply with the June 22, 2022 Order were with his counsel in trust. That is what this court was advised on the June 22, 2022 motion and is recited in my endorsement. Why the monies were not immediately transferred to into court was not explained by Mr. Singh. But then Mr. Singh provided contradictory statements. Mr. Singh stated that there were issues with the lenders, and he was not entirely familiar with the status of the monies. Then, even further contradictory statements. Mr. Singh stated that it was unreasonable for the court to order him to deposit into court close to a million dollars within 30 days. But Mr. Singh didn't explain why, if the monies had been in trust with his lawyers, as this court was led to believe, why it was so unreasonable to order those monies already allegedly in trust paid into court. What was clear and uncontradicted is that the monies ordered to be paid into court by the June 22, 2022 Order were not and have not been paid into court.
[10] Then Mr. Singh suggested that the $1,000 per month Occupancy Rent had been paid. However, there is no evidence from Mr. Singh that the Occupancy Rent for July and August 2022 have been paid. There is sworn evidence to the contrary that the monies have NOT been paid.
[11] Then there is Mr. Singh's appeal to Divisional Court. He stated that the appeal was filed. Yet, when the court advised him that the sworn evidence was that the appeal was not filed, then Mr. Singh stated: "I don't know, I am not a lawyer".
[12] Then there was a question by the court whether the Plaintiffs had sought a stay of my Order from Divisional Court. The answer to that was entirely unclear. But, then Mr. Singh stated he wanted a stay order from this court.
[13] I am left with only one reasonable conclusion: the Plaintiffs want to continue to operate their business from the Premises but not comply with the June 22, 2022 Order. Whether it is because, they don't want to or have the financial ability to complete the APS; they don't want to or have the financial ability to pay Occupancy Rent; or wish to continue to occupy the Premises without the payment to purchase the Premises or pay rent for their occupation.
[14] Any adjournment simply let's the Plaintiffs continue rent free while they operate a business out of the Premises as they have now done for a long time.
[15] An adjournment would be extremely prejudicial to the Defendants.
Relief Sought
[16] Considering the above, I see no legal or equitable basis to deny the Defendants the relief sought. Nor is there any basis for this court to grant a stay of my Order of June 22, 2022.
[17] As the parties were unable to settle the form of order for June 22, 2022, I have settled the order in the form attached hereto as Schedule 1.
[18] As for costs of today's Motion, the Defendants seek a cost order of $1,000 all inclusive. Given that there were two motion records filed, with two affidavits, and an attendance today, I am satisfied this is a reasonable cost award. So, ordered.
[19] I dispense with approval of today's Order and have settled the order in the form attached hereto as Schedule 2.
RSJ RICCHETTI
Released: August 30, 2022
Schedule 1
Court File No. CV-20-00004304-0000
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE REGIONAL ) WEDNESDAY, THE 22^ND^ DAY
SENIOR JUSTICE RICHETTI ) OF JUNE, 2022
BETWEEN:
ANMOLDEEP SINGH, IN TRUST
2774012 ONTARIO INC.
1336995 ONTARIO LTD.
Operating as ZET TINT and Z. BLACK TINT & WRAP
Plaintiffs
- and -
2722296 ONTARIO INC.,
and 2776901 ONTARIO INC. and
TANVI OHRI
Defendants
o r d e r
THIS MOTION by the Defendants for an Order vacating the Certificate of Pending Litigation, and other relief, was heard this day by video conference at Brampton,
ON READING the Motion Record, the Supplementary Motion Record, and the Second Supplementary Motion Record of the Defendants including the Affidavit of Preet Dass sworn March 3, 2021, the Affidavit of Carolyn Sheppard sworn March 5, 2021, the Affidavit of Manjit Dass sworn October 12, 2021, the Supplementary Affidavit of Preet Dass sworn October 12, 2021, and the Second Supplementary Affidavit of Preet Dass sworn February 4, 2022, and the Responding Motion Record, the Supplementary Responding Motion Record, and Reply Motion Record of the Plaintiffs including the Affidavit of Baljinder Singh sworn June 18, 2021, the Affidavit of Anmoldeep Singh sworn June 18, 2021, the Affidavit of Amir Saad sworn June 18, 2021, the Affidavit of Lakhvir Singh Ranu sworn June 18, 2021, the Affidavit of Rohit Mehta sworn June 18, 2021, the Affidavit of Gurpreet Grewal sworn June 19, 2021, the Affidavit of Anmol Deep Singh sworn December 2, 2021, the Affidavit of Baljinder Singh sworn December 2, 2021 and the Affidavit of Aditya Wadhawan sworn December 2, 2021, the cross-examination transcript brief, the undertaking answers from the cross-examinations and on hearing the submissions of counsel for the Defendant Moving Parties and counsel for the Plaintiff Responding Parties, for written reasons released this day, the Case Conference Addendum of July 8, 2022, and the Direction dated July 19, 2022,
THIS COURT ORDERS that, within 30 days of the date of this Order, the Plaintiffs shall pay into the trust account, as the parties may agree, or into Court, the amount of $960,492, and which is to include the transfer of the deposit of $75,000 currently held in the trust account of the lawyers for the Owners at RZCD Law Firm LLP.
THIS COURT ORDERS that, within 30 days of the date of this Order, the Plaintiffs are to pay to 2722296 Ontario Inc. (Owner) the Interim Occupancy Rent of $1,000 per month that has not been received and negotiated/deposited by the Owner, from July 1, 2020 to August 1, 2022.
THIS COURT ORDERS that, commencing on September 1, 2022, the Plaintiffs are to pay the sum of $1,000 for Interim Occupancy Rent to 2722296 Ontario Inc. (Owner) until trial or further order of this Court.
THIS COURT ORDERS that, in the event the Plaintiffs fail to comply with the terms set out in paragraph 1-3 of this Order, the Owner/Defendants can seek the immediate discharge of the CPL and a Writ of Possession of the premises located at Unit 17, 181 Rutherford Road South, Brampton for immediate occupation by the Owner or subsequent registered owner.
THIS COURT ORDERS that any party seeking costs shall deliver written submissions within 14 days of June 22, 2022 and any responding submissions shall be delivered within 28 days of the date hereof, now extended to August 3, 2022, by direction dated July 19, 2022, and there shall be no reply.
THIS COURT ORDERS THAT THIS ORDER is without prejudice to the respective claims of the parties to be determined at a trial and any adjustments the trial judge considers appropriate.
ANMOLDEEP SINGH, IN TRUST et al.
Plaintiffs
and
2722296 ONTARIO INC., 2776901 ONTARIO INC. and TANVI OHRI
Defendants
Court File No. CV-20—00004304-0000
ONTARIO SUPERIOR COURT OF JUSTICE
Proceeding commenced at Brampton
O R D E R
GLAHOLT BOWLES LLP 141 Adelaide St West, Suite 800 Toronto, Ontario, M5H 3L5
Peter-Paul Du Vernet LSO No. 20906P ped@glaholt.com Tel: 416.368.8280/Fax: 416.368.3467 Lawyers for the Defendants
Schedule 2
Court File No. CV-20-00004304-0000
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE REGIONAL ) MONDAY, THE 29^TH^ DAY
SENIOR JUSTICE RICHETTI ) OF AUGUST, 2022
BETWEEN:
ANMOLDEEP SINGH, IN TRUST
2774012 ONTARIO INC.
1336995 ONTARIO LTD.
Operating as ZET TINT and Z. BLACK TINT & WRAP
Plaintiffs
- and -
2722296 ONTARIO INC.,
and 2776901 ONTARIO INC. and
TANVI OHRI
Defendants
o r d e r
THIS MOTION by the Defendants for an Order vacating the Certificate of Pending Litigation, leave to issue a writ of possession, and for payment of all outstanding occupancy costs was heard this day by Zoom Video Conference at Brampton,
ON READING the Motion materials of the Defendants including the Affidavits of Carolyn Sheppard sworn August 9 and 23, 2022 and the exhibits thereto, and on hearing submissions of counsel for the Defendants, and Baljinder Singh appearing on behalf of the Plaintiffs,
THIS COURT ORDERS that the Certificate of Pending Litigation on title to the lands and premises set out on Schedule A hereto, registered on January 11, 2021 as Instrument No. PR3762359 be and is hereby vacated and discharged forthwith.
THIS COURT ORDERS that the Defendants, Moving Parties have possession and leave to forthwith issue a Writ of Possession for Unit 17, 181 Rutherford Road South, as more particularly described in Schedule A hereto.
THIS COURT ORDERS that the Plaintiffs pay to the Defendants all outstanding occupancy costs, being $1,000 per month from July, 2020 to August, 2022 in the amount of $26,000, and a further $1,000 per month thereafter until the Defendants recover vacant possession.
THIS COURT ORDERS costs of the within motion payable to the Defendants by the Plaintiffs in the amount of $1,000.00 forthwith.
SCHEDULE A
PIN: 20072-0017 LT
DESCRIPITION: UNIT 17, LEVEL 1, PEEL STANDARD CONDOMINIUM PLAN NO. 1072 AND ITS APPURTENANT INTEREST; CITY OF BRAMPTON
ADDRESS: 17 UNIT
181 RUTHERFORD RD S.
BRAMPTON
ANMOLDEEP SINGH, IN TRUST et al.
Plaintiffs
and
2722296 ONTARIO INC., 2776901 ONTARIO INC. and TANVI OHRI
Defendants
Court File No. CV-20—00004304-0000
ONTARIO SUPERIOR COURT OF JUSTICE
Proceeding commenced at Brampton
O R D E R
GLAHOLT BOWLES LLP 141 Adelaide St West, Suite 800 Toronto, Ontario, M5H 3L5
Peter-Paul DuVernet LSO No. 20906P ped@glaholt.com Tel: 416.368.8280/Fax: 416.368.3467 Lawyers for the Defendants
COURT FILE NO.: CV-20-00004304-00
DATE: 2022 08 30
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ANMOLDEEP SINGH, IN TRUST, 2774012 ONTARIO INC., 1336995 ONTARIO LTD. Operating as ZET TINT and Z. BLACK TINT & WRAP
v.
2722296 ONTARIO INC. and 2776901 ONTARIO INC. and TANVI OHRI
COUNSEL: Baljinder Singh for 2774012 Ontario Inc. and 1336995 Ontario Ltd.
P.E. DuVernet for the Defendants
ENDORSEMENT
RSJ RICCHETTI
Released: August 30, 2022