LOLG SUCCESSFULLY OBTAINS CERTIFICATE OF PENDING LITIGATION
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On December 5, 2019, the Superior Court of Justice granted a certificate of pending litigation (“CPL”) in favour of Vrancor Development Group Inc. (“Vrancor”). The case involved a claim by Vrancor for breach of an oral joint venture agreement. In April 2018, Vrancor and Brooklyn Contracting Inc. (“Brooklyn”) entered into an oral agreement to jointly develop vacant land. The deal, according to Vrancor, was that Brooklyn would take title in its name and hold it in trust for the parties until closing, when it would assign its rights to a new company to be jointly held by Vrancor and Brooklyn. In January 2019, Brooklyn closed the sale without notifying Vrancor and transferred title to Laurentian Business Centre Ltd. (“Laurentian”). Vrancor brought a claim seeking, among other relief, a declaration that Brooklyn, its principal and Laurentian hold title as its constructive trustees. Vrancor also sought a CPL. The Court agreed with Vrancor that a CPL was appropriate – it held that there is a triable issue as to Vrancor’s interest in land and that the equities favour granting a CPL. Shaun Laubman and Vlad Calina represented Vrancor on the motion and in the litigation. The decision can be found here: Vrancor Development Group Inc. v. Juricic, 2019 ONSC 7063.