Shaun Laubman

The plaintiff and defendants entered into an Option Agreement for the purchase and sale of a retro-fitted self-storage facility.

The plaintiff exercised a 'Put' option requiring the defendants to purchase the property at an appraised value.

The defendants refused to close, alleging the appraisal contained a manifest error and that the roof was defective, breaching a warranty.

The court found no manifest error in the appraisal and that the roof issues were maintenance problems which the defendants, as property managers, had failed to address.

The court granted specific performance of the sale at the appraised value of $7.3 million and awarded the plaintiff $728,080.05 in carrying costs.

The plaintiff and defendants were friends who entered into a real estate joint venture through a corporation.

The plaintiff provided the financing, while the defendants were to manage the property.

After one defendant defaulted and was removed, the remaining defendant, acting as sole director, breached his fiduciary duties by hiding corporate income, falsifying records, and paying himself exorbitant property management fees against the plaintiff's objections.

The court found the defendant's conduct oppressive, determined the parties' respective shareholdings based on funds advanced, ordered the repayment of excess management fees, and imposed a shotgun buy/sell mechanism to effect a corporate divorce.

The Crown brought an action under the Tobacco Damages and Health Care Costs Recovery Act against several domestic and foreign tobacco companies, claiming $50 billion for health care costs related to tobacco disease.

Six foreign defendants brought motions to set aside service ex juris and stay or dismiss the action, arguing the Ontario court lacked jurisdiction simpliciter.

The court dismissed the motions, finding that the Crown had established a good arguable case that the foreign defendants conspired and acted in concert to commit tobacco-related wrongs, establishing a real and substantial connection to Ontario.