Issue: Alleged breach of contract over a home renovation project.
Plaintiffs' Motions
- 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.
- Obtain CPLs on specific properties (38 Clonmore and 37 Anndale).
- 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.
