Cassels litigators have earned a hard-fought victory in a three-day summary judgment hearing concerning almost 50 years’ worth of complex contractual agreements, where all the original parties were deceased or incapable and most key records were lost, hidden or destroyed.
The case, Muroff et al. v. Docherty et al., 2019 ONSC 6605, involved two separate but integrated commercial and insolvency proceedings and 15 separate parties. The claim contained allegations of breach of contract, breach of fiduciary duty and unlawful-act conspiracy in the ownership and operation of a major residential complex in Windsor, Ontario.
In order to succeed, counsel were required to reconstruct the legal history of the property and the parties’ numerous agreements from 1970 to the present, and to offer their interpretation of the patchwork evidence, the intentions of the absent parties, and the legal effect of each of their agreements at every point from 1970 through 2017.
Cassels defeated the plaintiffs’ motion for judgment on all points. The decision is currently pending appeal before the Divisional Court.
Jeremy Martin and Stephanie Kerzner were counsel for the successful co-defendants Alan Isack and 1722945 Ontario Inc.