George Armstrong Investments Ltd. v. Transport Development Inc.
George Armstrong Investments Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

William Armstrong

1239122 Ontario Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

William Armstrong

William George Armstrong, Estate Trustee for the Estate of George Armstrong, deceased
Law Firm / Organization
Not Specified
Lawyer(s)

William Armstrong

Transport Development Inc.
Law Firm / Organization
Unrepresented
Vale Canada Limited
Law Firm / Organization
Weaver Simmons LLP
Lawyer(s)

Rose Muscolino

1447311 Ontario Ltd.
Law Firm / Organization
Northern Law LLP

·  Legal Issue: Motion by Vale to dismiss garnishment proceedings with prejudice. The plaintiffs consented to a dismissal without prejudice, raising the question of whether prejudice should attach.

·  Background:

  • A 2001 contract between TDI and Vale was transferred to 1447311 Ontario Ltd. shortly after signing.
  • TDI consented to a judgment against it, leading the plaintiffs to seek garnishment against Vale.
  • Plaintiffs' garnishment proceedings have experienced significant delays and non-compliance with court orders.

·  Court Findings:

  • The court found the garnishment proceedings to be "frivolous and vexatious."
  • Plaintiffs failed to pay the required $85,000 security for costs and comply with multiple court orders.
  • The court emphasized the importance of timely dispute resolution and adherence to court orders.

·  Decision: The court dismissed the garnishment proceedings with prejudice, citing consistent non-compliance by the plaintiffs and considering the overall delay as an abuse of process.

  • The total monetary award specifically ordered in costs to Vale, as mentioned in the document, is $6,653.65. The $85,000 security for costs remains unpaid by the plaintiffs, and no further amounts have been awarded as damages.

 

Superior Court of Justice - Ontario
C-6337/01
Civil litigation
$ 6,654
Other