Category

Disputes

Discharged a certificate of pending litigation registered a residential property operating as a bed and breakfast

Michael Crampton of CP LLP successfully brought a motion to discharge a certificate of pending litigation (“CPL”) registered without notice by the opposing party against a residential property out of which CP LLP’s client operated a bed and breakfast. The court found that the opposing party that registered the CPL had failed to make full and fair disclosure on his initial motion and did not have a reasonable claim to…

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Defeated a purchaser’s attempt to compel the vendor in a commercial real estate acquisition to sell its land after the purchaser failed to close the transaction

Daniel Chitiz and Michael Crampton of CP LLP successfully represented the defendant vendor in Gil Shcolyar v. Bensher Holdings Limited, 2025 ONSC 2205. The court dismissed the purchaser’s action to compel the vendor to sell its land after the purchaser failed to close the transaction. We also obtained a declaration that the vendor is entitled to retain the deposits.

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Successfully upheld a motion judge’s decision to use the court’s powers when overseeing a receivership to assign an insurance contract subject to a consent requirement for assignment

Successfully responded to an appeal in the Alberta Court of Appeal (Export Development Corporation v MNP Ltd, 2025 ABCA 25 (CanLII)). The appellant sought to set aside the court at first instance’s decision to assign claims under an insurance contract to a creditor over the insurers objection. Michael had the opportunity to share his unique insights in the legal magazine, Take Five Alberta (Feb 2025). “More than anything else,” says…

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Arbitration of a multimillion-dollar contractual dispute involving a large scale real estate development project

Counsel to project managers in an arbitration to determine their compensation for overseeing a large multi-building condominium development. Obtained a highly favourable settlement on eve of hearing enabling clients to purchase the entire property. Issues: Independent business valuation Contractual interpretation Constructive trust and the duty of good faith

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Obtained significant trial judgement in favour of ex-spouse regarding share ownership and valuation of closely held corporation

Successful trial for the ownership and valuation of shares in a closely held corporation. Both parties asserted that the corporate minute book was inaccurate. Our client argued that the shareholder registry had not been updated to reflect her 50% ownership interest; the opposing shareholder asserted that the minute book failed to show that preferred shares had been issued on a 50-50 basis but was accurate in showing that our client…

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