William D. Black

This endorsement addresses motions by the Tamil Rights Group (TRG) and the Tamil Coalition (National Council of Canadian Tamils, Canadian Tamil Academy, Canadian Tamil Youth Alliance) to intervene as parties or friends of the court in two joined applications.

The original applicants are challenging the constitutionality of the Tamil Genocide Education Week Act, alleging it is ultra vires and violates Charter rights.

The court granted intervener status as parties to TRG and the Tamil Coalition, finding their contributions useful for a balanced factual record, particularly given the applicants' factual assertions about the Act's basis.

The court imposed specific limitations on the interveners' participation to avoid undue delay or prejudice.

The plaintiff, Capstack Advisory Services Inc., claimed payment of fees for debt financing services provided to the defendants for a condominium development project.

The defendants disputed the contractual terms, alleged negligence, and contested the amount claimed.

The court, in a hybrid summary trial, found that the Mandate Letter constituted the agreement, and the defendants were bound by their conduct despite the absence of a fully executed copy.

The court determined that Capstack had performed its obligations appropriately and was entitled to its fees, with a minor adjustment regarding the due diligence fee being included in the overall 1% fee.

All corporate defendants were found liable, while Tyler Ross was not personally liable.

This endorsement clarifies previous orders regarding costs and an injunction.

A dispute arose concerning the liability of the Estate of Maria De Fatima Sardinha for costs of a prior motion.

The court found that the Estate had consistently advised it was not opposing the motion, and therefore, it should not be liable for costs.

The court also clarified that the injunction against all defendants, including the Estate, remains in effect until trial or further order, and that the costs order (excluding the Estate and Michael Freeborn) is joint and several, with Angie Sardinha-Farias's liability capped at $40,000 and the total award at $100,000.

The plaintiff, Indell Corporation, brought a motion for summary judgment against the defendant, Axiom Real-Time Metrics Inc., concerning responsibility for flood damage repairs and unauthorized tenant improvements under a commercial lease.

The third party, MMC Marketing and Promotion Inc., also raised issues regarding damages and betterment.

The court dismissed the motion for summary judgment, finding genuine issues requiring a trial regarding contractual interpretation, estoppel, and the calculation of damages, including betterment and an administrative fee.

The plaintiff, Jinzhong Miao, sued his lawyer, Dheeraj Bhatia, and his firm, Madamser Law, for negligence and breach of contract concerning a real estate transaction.

The plaintiff sought to extricate himself from an Agreement of Purchase and Sale for a residential property, alleging the lawyer provided negligent advice by assuring him he could exit the deal.

The court found that the lawyer did not provide such a guarantee and that the plaintiff's credibility was compromised by his admitted misrepresentations about his financial circumstances.

The court concluded that the lawyer's conduct did not fall below the required standard of care and was not causative of any loss to the plaintiff.

The plaintiff's claim was dismissed.