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Motion to dismiss action for failing to purge privileged documents from court file denied.
The defendants brought a motion seeking dismissal of the actions due to the plaintiffs' alleged breach of court orders regarding privileged documents.
In the alternative, they sought removal of the plaintiffs' counsel and an increase in security for costs.
The court denied the motion, finding that there were reasonable excuses for the alleged breach of the Crown Privilege Order and that no likely prejudice was suffered by the defendants.
The request for increased security for costs was also denied, as it would be unjust to the plaintiffs and there was no evidence of their inability to pay.
Certificate of pending litigation discharged due to plaintiff's failure to make full and fair disclosure on ex parte motion.
The defendant daughter brought a motion to discharge certificates of pending litigation (CPL) registered against two properties by the plaintiff father.
The father had obtained the CPL on an ex parte motion, claiming beneficial ownership of a condo registered in the daughter's name, the proceeds of which were allegedly used to purchase the properties.
The court found that while the father had a reasonable claim to an interest in land, he failed to make full and fair disclosure of material facts on the ex parte motion, including the source of the down payment and a letter stating the funds were a gift.
Balancing the equities, including the non-disclosure and the availability of damages as a remedy, the court discharged the CPL without security.
