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:
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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.
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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.
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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.