Tracy Nanziri

The plaintiff brought a motion for summary judgment to enforce a foreign monetary judgment obtained in Virginia against the defendant.

The defendant, who was self-represented, did not appear.

The court found multiple procedural deficiencies, including a failure to properly serve the motion materials, a lack of evidence that a prior stay of proceedings had been lifted, and missing pages from the foreign judgment order.

The court adjourned the motion and ordered the plaintiff to rectify the procedural defects and effect proper substituted service before proceeding.

This is a costs endorsement following the plaintiff's successful opposition to the defendants' motion to set aside a Certificate of Pending Litigation (CPL).

The court addressed costs for two attendances: an adjournment on February 28, 2017, and the substantive motion hearing on March 10, 2017.

For the February 28th attendance, the court declined to award costs due to conflicting submissions and insufficient information regarding the two-hour adjournment process.

For the March 10th motion, where the plaintiff successfully preserved its CPL, the court applied the general rule that costs follow the event.

The plaintiff was awarded partial indemnity costs totaling $7,116.10, inclusive of fees and disbursements, payable forthwith by the defendants, jointly and severally.

The defendants brought a motion to discharge a Certificate of Pending Litigation (CPL) registered against their properties, which were subject to an Agreement of Purchase and Sale (APS) with the plaintiff.

The dispute centered on conflicting closing date clauses in the APS and a subsequent amendment, leading to a triable issue regarding the agreement's validity.

The court applied the "Dhunna factors" to assess the equities, finding the properties unique and the plaintiff's primary claim for specific performance valid.

The motion to discharge the CPL was dismissed, as the defendants failed to meet the burden of proof.