S.M. O’Brien J.

The defendant brought a motion to set aside an ex parte Mareva order obtained by the plaintiff, which froze the proceeds of the sale of a property.

The defendant argued that the plaintiff failed to make full and fair disclosure of material facts, specifically regarding a 'secret' trust agreement and the plaintiff's lack of assets to satisfy its undertaking as to damages.

The court agreed, finding that the plaintiff's failure to disclose that the trust agreement was not public and that the plaintiff was a shell company without assets constituted material non-disclosures.

The court set aside the ex parte order.

The plaintiffs, commercial landlords, brought a summary trial action against the defendant tenant claiming damages for breach of a five-year lease agreement.

The defendant argued the tenancy was month-to-month and proper notice was given before vacating.

The court found that the essential terms of the alleged long-term lease lacked certainty and the parties had not finalized an agreement.

Furthermore, any oral agreement was unenforceable under the Statute of Frauds, and the doctrine of part performance did not apply as the acts were not unequivocally referable to a five-year lease.

The action was dismissed.