Vaill v. Homes by Lux Inc.
SEAN VAILL
Law Firm / Organization
Di Monte & Di Monte LLP
Lawyer(s)

Patrick Di Monte

ZINA NELKU
Law Firm / Organization
Di Monte & Di Monte LLP
Lawyer(s)

Patrick Di Monte

HOMES BY LUX INC.
Law Firm / Organization
Bell Temple LLP
PETER LUX
Law Firm / Organization
Bell Temple LLP

Issue: Alleged breach of contract over a home renovation project.

Plaintiffs' Motions

  1. Amend their Statement of Claim to pursue Certificates of Pending Litigation (CPLs) on properties owned by the Homes by Lux Inc. and Peter Lux (Defendants) or their spouse.
  2. Obtain CPLs on specific properties (38 Clonmore and 37 Anndale).
  3. Secure a Mareva injunction to hold $250,000 from the sale of a third property (12 Clondale) in trust.

Key Issues and Findings

  • CPLs Denied: The Sean Vaill and Zina Nelku (Plaintiffs) failed to demonstrate a direct interest in the properties at this stage. The Defendants’ failure to provide an ordered account reconciliation was noted but not sufficient to grant CPLs.
  • Mareva Injunction Denied: The Plaintiffs did not establish a strong prima facie case of overcharging or poor quality of renovation work due to incomplete evidence.
  • Defendants' Conduct: The court criticized the Defendants for:
    • Withholding critical information about the sale of a property (12 Clonmore).
    • Non-compliance with a prior court order to provide an account reconciliation.

Orders and Costs

  • The Plaintiffs are allowed to amend their Statement of Claim to seek CPLs and increase damages sought to $300,000.
  • Defendants are ordered to submit the required account reconciliation by December 19, 2024.
  • Costs awarded to Plaintiffs:
    • $800 for the August 28, 2024 case conference.
    • $5,000 for this motion, emphasizing the importance of compliance with court orders.

Conclusion

  • The Plaintiffs may renew their motions for CPLs and a Mareva injunction with a complete evidentiary record in the future.
  • The ruling underscores the mandatory nature of court orders and the consequences of non-compliance.
Superior Court of Justice - Ontario
CV-22-00678947-0000
Civil litigation
$ 5,800
Plaintiff