Metropolitan Toronto Condominium Corporation No. 1352 v. Newport Beach Development Inc.
Overview
Irving Marks represented the developer of a high-rise residential condominium in a claim by a condominium corporation alleging deficiencies in common elements. After the condominium corporation's claim was denied by the Ontario New Home Warranties Program (ONHWP), the condominium corporation appealed to the License Appeal Tribunal (LAT), but then withdrew the appeal on the eve of the LAT hearing. Subsequently, the condominium Corporation commenced a civil action for the same claim. We took the position that the action should be stayed as an abuse of process.
Lawyers
Representative Work
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| Litigation and Dispute Resolution
Defeated Injunction to Tie Up Client Assets and Received Elevated Costs Award
MFC v Mady Collier, 2016 ONSC 4182 (CanLII) – Clients were awarded their costs on a substantial indemnity scale when they defeated a Mareva injunction which tried to tie up their assets... -
| Litigation and Dispute Resolution
Certified a Class Action
Rebuck v. Ford Motor Company, 2018 ONSC 7405 (CanLII) – Obtained a judgment certifying a proposed class action against Ford Motor Company and Ford Motor company of Canada on behalf of i... -
| Litigation and Dispute Resolution
Overturned Lower Court Decision at Ontario Court of Appeal
Birchcliffe Core-Harbour Inc. v. Pinnock, 2019 ONCA 417 – Succeeded at the Ontario Court of Appeal in obtaining damages for breach of contract when a purchase of land could not be completed,...