Babullal v. Deonanan et al., (1998) 79 O.T.C. 217 (GDM)

• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 16, 1998
• Jurisdiction: Ontario
• Citations: (1998), 79 O.T.C. 217 (GDM)

Babullal v. Deonanan (1998), 79 O.T.C. 217 (GDM)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. NO.002

Stephen Babullal (plaintiff) v. Joel Deonanan, Century 21 Kingsbury Real Estate Ltd., Frank Marigliano, Homelife/Romano Real Estate Ltd., Vince De Luca and 1148177 Ontario Ltd. (defendants)

(Court File No. 97-CU-136399)

Indexed As: Babullal v. Deonanan et al.

Ontario Court of Justice

General Division

Clark, Master

September 16, 1998.

Summary:

The plaintiff ("purchaser") signed two purchase agreements for two lots and gave two $20,000 deposits to the defendant numbered company ("vendor"). The vendor did not own the property. The sale of the property did not close. The property was sold to another buyer and the purchaser's offers and deposits were assigned to the buyer. A mortgagee commenced power of sale proceedings against the two lots. One lot was sold. The purchaser sued the defendants and moved for a certificate of pending litigation to protect its interest in the property.

The Ontario Court (General Division) dismissed the motion. The lot sold under the power of sale was out of the purchaser's reach. A lis pendens could not issue because the purchaser did not bring the title to or interest in land into question in the statement of claim.

Real Property - Topic 7841

Title - Registration of instruments, etc. - Lis pendens - General - See paragraphs 1 to 29.

Real Property - Topic 7846

Title - Registration of instruments, etc. - Lis pendens - Practice - See paragraphs 1 to 29.

Cases Noticed:

Kingsberg Developments Ltd. v. K Mart Canada Ltd. (1983), 40 O.R.(2d) 348 (H.C.), refd to. [para. 17].

746109 Ontario Ltd. v. Brown (1993), 34 R.P.P.(2d) 69 (Ont. Gen. Div.), appld. [para. 18].

Ward v. Mason, [1943] 2 D.L.R. 422 (Ont. H.C.), refd to. [para. 21].

Rully v. Rotman, [1954] 3 D.L.R. 479 (Ont. H.C.), dist. [para. 21].

Toronto (City) v. Toronto Railway (1926), 59 O.L.R. 73 (C.A.), refd to. [para. 21].

Counsel:

V.S. Scalisi, for the plaintiff;

G. Hemsworth, for the defendants, Vince De Luca and J. Gallo Holdings Inc.

This motion was heard on August 26 and 31, 1998, before Clark, Master, of the Ontario Court (General Division), who released the following decision on September 16, 1998.