Crystal Lakes Developments Inc. v. Dongab Co. Inc.
CRYSTAL LAKES DEVELOPMENTS INC.
Law Firm / Organization
Clyde & Co Canada LLP
ACCU II DEVELOPMENT CORPORATION
Law Firm / Organization
Clyde & Co Canada LLP
RIVERWOOD HILL FARMS INC.
Law Firm / Organization
Clyde & Co Canada LLP
291171 ONTARIO INC.
Law Firm / Organization
Not Specified
DONGAB CO. INC.
NETWORK SEWER AND WATERMAIN LTD.
The case of Crystal Lakes Developments Inc. v. Dongab Co. Inc. was dated March 29, 2023, and pertained to an injunction motion released in February 2023. In this case, the plaintiffs, Crystal Lakes Development Inc., Accu II Development Corporation, and Riverwood Hill Farms Inc., had requested an injunction against the defendant Dongab Co. Inc., which was subsequently denied. The matter revolved around two mortgages on the plaintiffs' property. The involved parties consisted of Dongab and its affiliated company, the defendants Network Sewer and Watermain Ltd. ("Network"), who had provided mortgage funds to the plaintiffs. Additionally, 291171 Ontario Inc. ("291") was mentioned, though it did not play an active role in the motion. Dongab and Network pursued costs in different amounts: $269,353.44 on a full indemnity basis, alternatively $242,773.27 on a substantial indemnity basis, or $163,032.74 on a partial indemnity basis. The mortgage documents outlined full indemnity, asserting the typical enforceability of such clauses. Nevertheless, the court retained its discretion. The Plaintiffs argued for partial indemnity costs, customary in motions practice, or a reduced substantial indemnity claim that excluded preliminary steps. Dongab and Network exercised their right to enforce the mortgage, undertaking enforcement actions and opposing the Plaintiffs' motion. In the end, the Plaintiffs were instructed to reimburse Dongab and Network with an all-inclusive cost of $163,000.00.
Superior Court of Justice - Ontario
CV-22-00691633-0000
Corporate & commercial law
$ 163,000
Defendant