Disputes – CP LLP

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

admin — Wed, 08 Apr 2026 20:25:44 +0000

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 an interest in the land.

https://www.canlii.org/en/on/onsc/doc/2026/2026onsc1544/2026onsc1544.html

Summary judgment granted for private mortgage lender

admin — Thu, 11 Sep 2025 19:30:19 +0000

Overcame defaulting borrower’s attempts to delay, and obtained summary judgment for possession of the property and the full amount our client was contractually entitled to.

Successful arbitration to enforce contractual rights on the sale of a book of business

admin — Thu, 11 Sep 2025 19:29:31 +0000

Claim commenced to enforce the terms of an agreement after the purchaser of a book of business from an investment advisor sought to reduce the purchase price. The matter was converted to an arbitration and concluded with a highly favourable award for our client.

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

Lauren Nurnberg — Wed, 20 Aug 2025 08:37:51 +0000

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.

Defeated a motion seeking to add a company’s director to an existing multi-party employment claim for disclosing no reasonable cause of action in oppression

admin — Wed, 20 Aug 2025 08:34:08 +0000

Oppression
Director liability
Limitations periods

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

admin — Thu, 01 May 2025 15:55:57 +0000

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 Michael, “the Court of Appeal’s decision … continues the trend toward broad and permissive interpretation of court powers in overseeing commercial insolvencies…”

Issues:

Jurisdiction of the court when overseeing a receivership
Contractual assignment provisions
Harmonious application of insolvency regimes

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

Lauren Nurnberg — Tue, 07 Jun 2022 20:32:17 +0000

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

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

Lauren Nurnberg — Tue, 25 Jan 2022 20:44:24 +0000

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 held only a 30% ownership interest.

The court found that our client was in fact a 50% common shareholder, and the common shares in the company were valued on that basis.

We also advanced a constructive trust claim that the parties’ conduct over the years entitled our client to a 50% interest in the business. The trial judge also held that, even if our client did not own 50% of the common shares in fact, the court would impose a constructive trust over the 20% difference to make the parties’ ownership interests equal.

Our client was not statute barred from bringing the claim, as the court agreed with our position that a reasonable person would not have commenced a lawsuit while they were being treated as a 50% shareholder of the company.

Issues:

Shareholder remedies
Constructive trust
Oppression
Limitation periods

Counsel to plaintiff in an investment broker negligence case

Lauren Nurnberg — Sat, 01 Jan 2022 20:14:09 +0000

Obtained highly favourable settlement on behalf of a client against a brokerage that had permitted the client’s estranged spouse to deplete hundreds of thousands of dollars from her RRSP and investment accounts without authorization.

Issues:

Professional negligence
Breach of contract
Fiduciary duty to investor
Contract law

Obtained and executed an Anton Piller injunction against a former key employee of a corporation. Successfully recovered thousands of confidential corporate records

Lauren Nurnberg — Wed, 02 Jun 2021 15:16:24 +0000

Issues:

Injunction
Ex-parte motion
Breach of fiduciary duty