Scott Hutchinson

The Mizrahi Defendants brought a motion to dismiss or stay the plaintiff's action based on a standstill provision in a Priority, Subordination and Standstill Agreement.

The plaintiff, a subordinated lender for a construction project, sued for $200 million in damages and other relief.

The court found that the plaintiff's claims fell squarely within the standstill provision, which prohibited enforcement actions until senior lenders were repaid.

The court rejected the plaintiff's argument that the enforceability of the agreement was in play, as it was not pleaded.

The action was stayed for 30 days to allow the plaintiff to draft a new statement of claim for claims not covered by the standstill provision, after which the action would be dismissed.

The self-represented plaintiff brought a motion seeking various forms of relief against the defendants and their counsel.

The court initiated a review under Rule 2.1.02 of the Rules of Civil Procedure.

The court found that the motion was an attempt to re-litigate a contempt motion and a summary judgment motion that had already been dismissed and upheld by the Court of Appeal.

The court dismissed the motion as frivolous, vexatious, and an abuse of process, and ordered that the plaintiff must seek leave before bringing any further motions in the proceeding.

The plaintiffs brought a motion for the approval of a settlement in three consolidated class actions against three immigration lawyers for professional negligence.

The class members were Roma refugee claimants from Hungary whose applications failed or did not proceed while represented by the defendants.

The court approved the settlement of $500,000 in damages and $50,000 in costs, finding it fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $181,500 and a $2,500 honorarium for the representative plaintiff.