Background:

• Plaintiffs: John Zanini, Dunpar Developments Inc., and 1609514 Ontario Inc. (160Ont).
• Defendants: Michael DiPasquale (former CFO/COO of Dunpar) and Andrea Cheng (his wife).
• Dispute concerns a property at 359 Royal York Road, purchased in 2018 under a Nominee Agreement where Cheng was on title, but Zanini was the sole beneficiary.
• The property was sold in 2021 for $1.44M, and $1M was transferred to Zanini, but $400K was withheld until 2023, allegedly for tax liabilities.

Legal Issues & Court Rulings:

1. Did the Plaintiffs improperly withdraw an admission?

   • The Defendants argued the Amended Amended Statement of Claim improperly withdrew an admission that only Zanini was the beneficial owner.
   • The court ruled no improper withdrawal occurred; prior pleadings did not constitute an unambiguous, deliberate concession to the Defendants’ position.

2. Should the amendments to the pleadings be allowed?

   • Amendments are presumptively granted under Rule 26.01, unless they cause non-compensable prejudice.
   • The court allowed the amendments, clarifying that the property was part of a Dunpar land assembly project, with DiPasquale acting in his employment capacity.

3. Should the claims against Dunpar and 160Ont be struck?

   • The Defendants claimed Dunpar had no connection to the property.
   • The court ruled the amendments provided a tenable claim that DiPasquale acted in his employment role, and denied the motion to strike.

Decision:

• Amendments allowed.
• Claims not struck.
• Case proceeds to trial.
• No final monetary award or damages granted in the decision.