World Financial Solutions Inc. v. 2573138 Ontario Ltd.
WORLD FINANCIAL SOLUTIONS INC.
Law Firm / Organization
Not Specified
2573138 ONTARIO LTD.
Law Firm / Organization
Not Specified
MARGUERITE ALFRED
Law Firm / Organization
Not Specified
ELISE BLOUIN also known as ELIZABETH BLOUIN also known as SUSAN ELIZABETH BLOUIN
Law Firm / Organization
Not Specified
SIETA & PIKES DEVELOPMENT LIMITED
Law Firm / Organization
Not Specified
2868395 ONTARIO LIMITED
Law Firm / Organization
Not Specified
2664358 ONTARIO LIMITED
Law Firm / Organization
Not Specified
MUKESH BHARDWAJ
Law Firm / Organization
Kestenberg Litigation LLP
DAVID LORNE REANO
Law Firm / Organization
Not Specified
2870058 ONTARIO LTD.
Law Firm / Organization
Not Specified
BIP MANAGEMENT CORPORATION
Law Firm / Organization
Not Specified
OLYMPIA TRUST COMPANY
Law Firm / Organization
Not Specified
GARY GRIECO
Law Firm / Organization
Not Specified
ANN GRIECO
Law Firm / Organization
Not Specified
ARYE LANKAR
Law Firm / Organization
Not Specified
FGC INC.
Law Firm / Organization
Not Specified
2839724 ONTARIO INC.
Law Firm / Organization
Not Specified
THEODORUS VAN DER GULIK
Law Firm / Organization
Not Specified
DTAM INVESTMENTS GROUP INC.
Law Firm / Organization
Not Specified
PRINCE AUJLA MEDICINE PROFESSIONAL CORPORATION
Law Firm / Organization
Not Specified
LUCIA VAN DER GULIK
Law Firm / Organization
Not Specified
FIRST FINANCIAL CONSULTING SERVICES (FFCS) LTD.
Law Firm / Organization
Not Specified
2790461 ONTARIO INC. c.o.b. PRIVATE LENDERS INC. operating as BOUTIQUE LENDING
Law Firm / Organization
Not Specified
BHARDWAJ LAW PROFESSIONAL CORPORATION
Law Firm / Organization
Kestenberg Litigation LLP

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:

  1. Whether the third-party claim against Mukesh Bhardwaj and his firm discloses a reasonable cause of action.
  2. 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.
Superior Court of Justice - Ontario
CV-18-00594161-00A1
Corporate & commercial law
Plaintiff