30 Jun 2023
Empire Steel Inc. et al. v Dass et al.
In the case of Empire Steel Inc. et al. v Dass et al., dated June 30, 2023, the plaintiff, Empire Steel Inc. and Steelserve Corp. (Empire), had filed a motion before the Honourable Justice R. J. Harper seeking an extension of Justice Goodman's preservation order, which had been dated April 20, 2023, and had pertained to specific steel coils. Alternatively, they had requested an injunction to prevent the Defendants, known as Dass, from selling, transferring, or disposing of these steel coils.
The background of the case had involved Empire selling 194 steel coils to Dass between August and November 2022, amounting to $4,476,345.40. Dass had initially paid a partial amount but had later alleged that the coils were damaged and unusable, refusing to pay the remaining balance.
Justice Goodman had previously issued preservation orders without making factual findings. Subsequent proceedings had revealed a pattern of conduct by Dass, including selling coils for scrap, obstructing inspections, and fraudulent behavior. New evidence, including test results and expert reports, had emerged after Justice Goodman's orders.
As a result, Justice Harper had granted an interim injunction, enjoining Dass from handling the subject coils, allowing Empire to transport them to their facility, and ordering Dass to cover the transportation costs. The coils had been preserved until further court orders, and the trial had been expedited. Dass had also been ordered to pay the costs of this motion and previous motions, totaling $90,330.29 in fees, disbursements, and HST.