Sukhjinder Bhangu

The defendants brought a motion for a Certificate of Pending Litigation (CPL) regarding four commercial units they had agreed to purchase from the plaintiff.

The plaintiff had previously failed in an application to terminate the agreements of purchase and sale, and the matter was converted to an action.

The court applied the two-step test for a CPL, finding the defendants had a reasonable claim to an interest in the land and that the equities favoured granting the CPL, as the property was unique and intended for a medical practice.

The motion was granted with costs awarded to the defendants.

Following the successful dismissal of a medical malpractice action on summary judgment due to the expiry of the limitation period, the defendants sought their costs.

The court awarded partial indemnity costs to the defendant doctor, finding the amounts claimed reasonable and proportionate.

The defendant clinic was awarded substantial indemnity costs from the date of its offer to settle, as the plaintiffs' continued opposition to the motion was unreasonable given their failure to produce an expert report.

The plaintiff shareholder brought a motion in a dispute between equal shareholders of a corporation operating a convenience store, seeking permission to sell the business, appointment of a receiver to supervise the sale, forfeiture of a $25,000 deposit under a prior court order, and an order striking the defendant’s statement of defence.

The court denied an adjournment request by the responding shareholder and accepted the recommendation of the court‑appointed monitor that the business be sold promptly to avoid further litigation expenses.

A receiver was appointed to conduct the sale and supervise operations, with the moving party permitted to control day‑to‑day business activities subject to cooperation with the receiver.

The court also ordered forfeiture of the $25,000 deposit in accordance with an earlier order.

However, the request to strike the defendant’s defence was refused given the defendant’s circumstances abroad and the expectation that issues could be addressed upon distribution of sale proceeds.