2025 ONSC 201, January 9, 2025)

• Parkland Corporation sought an interlocutory injunction and leave to register a certificate of pending litigation (CPL) against a gas station property.
• The court found that Caledon Fuels Inc. and 16408117 Canada Inc. attempted to avoid the lease agreement, which required the gas station to operate under the Ultramar brand with fuel supplied by Parkland.
• The property was sold under power of sale to 16408117 Canada Inc., which had ties to Caledon’s controlling party, raising concerns of a fraudulent scheme to eliminate Parkland’s leasehold interest.
• The court granted the injunction, prohibiting the sale of non-Parkland fuel and unauthorized signage, and allowed Parkland to register a CPL?.

2025 ONSC 796, February 5, 2025)

• Parkland was awarded $79,140.92 in partial indemnity costs against Caledon Fuels, 16408117 Canada Inc., Mian Abubaqr, Numberdar Holdings Inc., and Narinder Khasria.
• The court found the respondents acted in concert to avoid the lease, but declined substantial indemnity costs, as there was no conclusive finding of fraud.
• The court rejected deferring costs, emphasizing the need to deter similar conduct, noting this was Caledon’s second failed attempt to terminate the lease?.

Final Outcome:

Parkland Corporation secured an injunction enforcing the lease, a CPL, and a $79,140.92 cost award against specified respondents.