Disputes – CP LLP https://cpllp.com Barrister and Solicitors Wed, 05 Aug 2026 15:09:32 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.3 https://cpllp.com/wp-content/uploads/2022/06/cropped-thumbnail_image005-1-32x32.jpg Disputes – CP LLP https://cpllp.com 32 32 Obtained summary judgment on behalf of a client enforcing a promissory note with an extraordinary interest provision. Due to the successful argument on the interest provision, the total award was almost eight times the principal amount of the promissory note https://cpllp.com/obtained-summary-judgment-on-behalf-of-a-client-enforcing-a-promissory-note-with-an-extraordinary-interest-provision-due-to-the-successful-argument-on-the-interest-provision-the-total-award-was-alm/ Wed, 05 Aug 2026 15:09:32 +0000 https://cpllp.com/?p=1145 Alastair McNish of CP LLP was successful on a motion for summary judgment to enforce a promissory note given by a shareholder as part of a share purchase agreement. The case was unusual in that the parties had willingly negotiated a complicated – and extreme – set of interest provisions, whereby if the note was not repaid quickly, interest compounded and escalated rapidly. The Court accepted expert evidence on the proper calculation of interest, and found there was no reason not to enforce the terms of the promissory note. The Court also dismissed the defendant’s arguments that the agreement had been frustrated by external events, and that he should not be personally liable. The decision is a helpful reminder that parties will be held to their bargains, even when those bargains may seem odd in hindsight.

]]> Discharged a certificate of pending litigation registered against a residential property operating as a bed and breakfast https://cpllp.com/discharged-a-certificate-of-pending-litigation-registered-against-a-residential-property-operating-as-a-bed-and-breakfast/ Wed, 08 Apr 2026 15:03:31 +0000 https://cpllp.com/?p=1143 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 https://cpllp.com/summary-judgment-granted-for-private-mortgage-lender/ Thu, 11 Sep 2025 19:30:19 +0000 https://cpllp.com/?p=1063 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 https://cpllp.com/successful-arbitration-to-enforce-contractual-rights-on-the-sale-of-a-book-of-business/ Thu, 11 Sep 2025 19:29:31 +0000 https://cpllp.com/?p=1061 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 https://cpllp.com/defeated-a-purchasers-attempt-to-compel-the-vendor-in-a-commercial-real-estate-acquisition-to-sell-its-land-after-the-purchaser-failed-to-close-the-transaction/ Wed, 20 Aug 2025 08:37:51 +0000 https://cpllp.com/?p=1056 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 https://cpllp.com/defeated-a-motion-seeking-to-add-a-companys-director-to-an-existing-multi-party-employment-claim-for-disclosing-no-reasonable-cause-of-action-in-oppression/ Wed, 20 Aug 2025 08:34:08 +0000 https://cpllp.com/?p=1054
  • 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 https://cpllp.com/successfully-upheld-a-motion-judges-decision-to-use-the-courts-powers-when-overseeing-a-receivership-to-assign-an-insurance-contract-subject-to-a-consent-requirement-for-assignment/ Thu, 01 May 2025 15:55:57 +0000 https://cpllp.com/?p=1031 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 https://cpllp.com/arbitration-of-a-multimillion-dollar-contractual-dispute-involving-a-large-scale-real-estate-development-project/ Tue, 07 Jun 2022 20:32:17 +0000 https://cpllp.com/?p=613 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 https://cpllp.com/obtained-significant-trial-judgement-in-favour-of-ex-spouse-regarding-share-ownership-and-valuation-of-closely-held-corporation/ Tue, 25 Jan 2022 20:44:24 +0000 https://cpllp.com/?p=619 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 https://cpllp.com/counsel-to-plaintiff-in-an-investment-broker-negligence-case/ Sat, 01 Jan 2022 20:14:09 +0000 https://cpllp.com/?p=599 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
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