2 total
Leave for judicial review of adjudicator's determination granted, but stay pending review denied.
The moving party, McMaster University, brought a motion for leave to proceed with an application for judicial review of an adjudicator's determination, and requested a stay pending the review.
The Divisional Court granted leave to proceed with the judicial review but denied the request for a stay.
Costs of the leave motion were fixed at $8,800 to follow in the cause.
The court dismissed the defendants' motion to discharge a certificate of pending litigation, finding a triable issue regarding the plaintiff's proprietary estoppel claim.
The defendants moved to set aside an order granting a certificate of pending litigation (CPL) against the LaSalle Property and to discharge the CPL.
The plaintiff had obtained the CPL without notice, claiming a plausible interest in the property via constructive or resulting trust and proprietary estoppel.
The defendants argued no triable interest and material non-disclosure.
The court dismissed the defendants' motion, finding a triable issue existed and no material non-disclosure that would have altered the original CPL grant.
The court also dismissed a third party's motion to intervene.
