Plaintiff
Respondent
Background:
The plaintiffs, 5750351 Manitoba Ltd., 4711824 Manitoba Ltd., Hudson Bay Traders Ltd., and Russ Knight, sought unpaid lease payments from Lake St. Martin First Nations (LSM). The dispute centered on two properties: a remodeled school building at 1970 Ness Avenue and the Burnell Property at 519 Burnell Street. The plaintiffs claimed LSM owed rents and compensation for lost equity due to the foreclosure of the Burnell Property.
Legal Issues:
The key legal issue involved unpaid lease payments and damages for lost equity. During the trial, Russ Knight failed to disclose important documents, including tenancy agreements, violating the Court of King's Bench Rules on proportionality and fairness. Additionally, Knight disregarded a court order (the Dewar Order) requiring notice to a secured lender before pursuing litigation related to the Burnell Property.
Litigation Misconduct:
The plaintiffs’ failure to disclose documents and their breach of the Dewar Order led to the adjournment of the trial. Knight’s litigation strategy was deemed to be a "win-at-all-costs" approach, causing unnecessary complexity and expense.
Costs Awarded:
The court ordered:
Court
Court of King's Bench ManitobaCase Number
CI 18-01-16438Practice Area
Civil litigationAmount
$ 139,183Winner
RespondentTrial Start Date
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