25 Mar 2024
World Financial Solutions Inc. v. 2573138 Ontario Ltd.
Background:
- World Financial Solutions Inc. filed a claim against 2573138 Ontario Ltd. and Marguerite Alfred regarding a mortgage agreement.
- Subsequently, the defendants initiated a third-party claim against Mukesh Bhardwaj, a lawyer, and his firm, alleging negligence and other wrongdoings related to the mortgage registration and enforcement.
Key Legal Issues:
- Whether the third-party claim against Mukesh Bhardwaj and his firm discloses a reasonable cause of action.
- Whether parts of the third-party claim are statute-barred or barred by the doctrine of absolute privilege.
Court’s Analysis and Decision:
- The court found the third-party claim did not disclose a reasonable cause of action against the Bhardwaj parties, being partly statute-barred and partly barred by absolute privilege.
- The court granted leave to amend the third-party claim only concerning the allegations related to the October 28, 2021 Transfer, allowing the defendants a chance to properly plead a valid cause of action.
Outcome:
- The motion to strike the third-party claim was granted, with the third-party claim against the Bhardwaj parties struck out except for parts related to the October 28, 2021 Transfer.
- The defendants were given 30 days to deliver an amended third-party claim in compliance with the court’s directives??.
- No financial terms specified for costs/award.