Khandelwal et al. v. Kumar et al.
Subhash Khandelwal
Savitri Khandelwal
Rahul Kumar
Law Firm / Organization
Tapper Cuddy LLP
Lawyer(s)

Joe D. Caligiuri

Anju Bajaj
Law Firm / Organization
Tapper Cuddy LLP
Lawyer(s)

Joe D. Caligiuri

  • Facts: The plaintiffs and defendants were involved in a dispute over two properties in Winnipeg, alleging a joint venture agreement for equal beneficial interests, which the defendants denied, claiming the arrangement was merely a loan for down payments. A previous 2015 Claim was dismissed for delay, and the 2022 Claim essentially mirrored the 2015 Claim minus two parties.

  • Issue: Whether the 2022 Claim should be struck out as an abuse of process or for not disclosing a reasonable cause of action, whether caveats against the properties should be discharged if the claim is struck out, and whether a pending litigation order should be granted if the claim is not struck out.

  • Court's Ruling: The court declined to strike out the 2022 Claim, did not order the discharge of the caveats, and granted the plaintiffs' motion for a pending litigation order, finding at least a triable issue that the plaintiffs have a reasonable claim to the interest in the properties.

  • Costs/Damages Awarded: The document does not specify the amount of costs or damages awarded. It mentions that if costs cannot be agreed upon, the court will receive written submissions, indicating that the issue of costs may be decided at a later date.

Court of King's Bench Manitoba
CI 22-01-38516
Real estate
Plaintiff