Terrence Anthony Pochmurski

The defendants moved to declare the plaintiff's construction lien expired, discharge the lien, vacate related registrations, and dismiss the action for delay.

The plaintiff conceded lien expiry but opposed dismissal of its joined breach of contract and unjust enrichment claims.

The court found that Rule 24.01 of the Rules of Civil Procedure does not apply in lien actions due to inconsistency with the Construction Act, but exercised its broad discretion under s. 47 of the Act to dismiss for delay.

The action had not progressed beyond the pleadings stage in over four years, the statement of claim had not been served, and no adequate explanation for the delay was provided.

The court dismissed the action in its entirety and awarded substantial indemnity costs to the defendants.

This endorsement addresses the costs of a motion where the plaintiff, Environmental Building Solutions Corporation, successfully obtained leave to amend its statement of claim in a construction lien action.

The defendants had opposed the motion, arguing the claim was statute-barred.

The court found the plaintiff's motion was brought within the limitation period and granted leave to amend.

Consequently, the plaintiff sought costs on a partial indemnity scale.

The court awarded costs to the plaintiff, finding the hourly rate claimed by counsel reasonable after adjusting for inflation and the time spent proportionate to the issues.

The defendants, 2420124 Ontario Limited and 2420125 Ontario Limited, were ordered to pay $14,415.96 in costs, including fees, HST, and disbursements.

The applicants sought to clarify a registered Right of Way over the respondents' property, which the respondents contended was limited to winter use.

The court found that the original grant of Right of Way was unambiguous and unrestricted.

A subsequent "Notice of Right of Way," signed only by the grantor and lacking mutual consideration, did not legally limit the Right of Way's use to winter months.

The application was granted, confirming the applicants' right to year-round, uninterrupted ingress and egress, and an injunction was issued against obstruction.

The Plaintiff, Elizabeth Samuel, brought a motion for a Certificate of Pending Litigation (CPL) against a property she had previously transferred to the Defendant, Omotayo Ore Muti, which was subsequently mortgaged to Wolfson Law Professional Corporation.

The Plaintiff sought to enforce an agreement to repurchase the property.

The court granted the CPL, finding a triable issue regarding the Plaintiff's interest in the land and that the equities favored registration, despite concerns about the Plaintiff's diligence and compliance with prior orders.

The court also expressed concerns about the non-arms-length nature of the mortgage transaction between the Defendant and his former lawyers, Wolfson Law.