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2708320 Ontario Ltd. cob Viceroy Homes v. Jia Development Inc

In the case of 2708320 Ontario Ltd. cob Viceroy Homes v. Jia Development Inc. dated April 14, 2023, involved a construction lien action, wherein defendants Bridle Path and Jia, owners of the subject land, brought motions under the Construction Act, seeking to discharge the claim for lien of the plaintiff, 2708320 Ontario Ltd., also known as Viceroy Homes. Urgency had arisen due to a pending property sale. Viceroy's lawyers, Fogler, Rubinoff LLP (FR), had previously motioned to be removed as counsel, and a case conference determined this motion's acceleration to January 16, 2023. The defendants' motions were rescheduled to April 5, 2023, giving Viceroy time to secure new legal representation. On January 16, 2023, Mr. Sun, Viceroy's principal, had agreed to the removal order and was cautioned about promptly securing new representation. The defendants had alleged that Viceroy's claim for lien was frivolous, vexatious, and an abuse of process. They had presented evidence showing inconsistencies and discrepancies in Viceroy's invoices and claims. The court had found Viceroy's claims unsupported and had dismissed them as frivolous, vexatious, and an abuse of process. Finally, costs were addressed, with Jia and Bridle Path seeking reimbursement for legal fees incurred due to the action and motions. The court had scheduled submissions from the parties to determine the costs award.

2708320 Ontario Ltd. cob Viceroy Homes
Law Firm / Organization
Not specified
Jia Development Inc.
Law Firm / Organization
Not specified
Lawyer(s)

Robert Hine

CB Bridle Path Inc.
Law Firm / Organization
Not specified
Lawyer(s)

Andrea Gorys

Kingsett Mortgage Corporation
Law Firm / Organization
Not specified
Superior Court of Justice - Ontario
CV-22-683480
Construction law
Not specified/Unspecified
Defendant