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Certificates of Pending Litigation vacated for material non-disclosure in ex parte application.
The defendant moved to vacate Certificates of Pending Litigation obtained by the plaintiff on an ex parte basis over two properties.
The court held that a party seeking ex parte relief must make full and frank disclosure of all material facts.
The plaintiff failed to disclose a prior divorce settlement in which he had disclaimed any trust interest in the properties and misrepresented the contents of a lawyer’s letter regarding potential sale of the land.
These omissions and misrepresentations were material and could have influenced the original ex parte decision.
The court therefore set aside the order permitting the certificates, but required that 50% of the gross sale proceeds of the properties be paid into court as security pending resolution of the ownership dispute.
Appeal regarding minor hockey residency requirements dismissed as moot after appellant moved and played.
The appellant appealed the dismissal of his application under the Discriminatory Business Practices Act, which sought an order allowing him to play in the Greater Toronto Hockey League despite not meeting residency requirements.
The Court of Appeal dismissed the appeal as moot because the appellant had subsequently moved and played in the league for two seasons.
The court declined to hear the appeal on the broader issue of whether the residency requirements generally contravened the Act, as this was not the focus of the original application.
