Dramel Limited v. Multani
Dramel Limited
Law Firm / Organization
Lenczner Slaght LLP
Gurnam Multani
Law Firm / Organization
Not Specified
Lawyer(s)

James Clark

Surjit Multani
Law Firm / Organization
Not Specified
Lawyer(s)

James Clark

Key Points:

  1. Appeal and Motion:

    • The Multanis appealed an order to pay over $25 million in mortgage debts and costs.
    • Dramel Limited sought security for costs.
  2. Request for Adjournment:

    • The Multanis requested an adjournment to obtain updated financial information.
    • The request was denied due to prior delays and ample preparation time.
  3. Legal Framework:

    • Security for costs governed by Rule 61.06(1) of the Rules of Civil Procedure:
      • Grounds include frivolous appeals, insufficient assets, or other just reasons.
  4. Judge’s Findings:

    • The appeal was deemed frivolous and vexatious.
    • The Multanis had admitted the debt in two forbearance agreements.
    • The motion judge found Mr. Multani's credibility lacking, particularly regarding forgery claims.
  5. Financial Status:

    • The Multanis likely lacked sufficient assets to cover appeal costs.
    • They failed to pay existing debts, including taxes and previous costs orders.
  6. Order:

    • The court ordered the Multanis to post $50,000 in security for costs of the appeal.
    • An additional $147,453.26 for previous cost orders was required within 30 days.
    • The Multanis were barred from further proceedings until security was posted.
    • Costs for the motion were set at $15,000.

Conclusion:

  • The court granted Dramel Limited’s motion for security for costs due to the minimal prospect of the Multanis' appeal succeeding and their history of non-payment and procedural delays.
Court of Appeal for Ontario
COA-23-CV-0675; M55164
Real estate
$ 212,453
Plaintiff