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ARTICLE · 19 DECEMBER 2024

Execution Before Judgment Rejected In Claim Arising From Aborted Transaction (Leanne Homes Limited v. Singh)

Gardiner Roberts LLP
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In Ontario, it may take several months to years before a plaintiff obtains judgment against a defendant in the civil courts, even in a straightforward debt claim.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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In Ontario, it may take several months to years before a plaintiff obtains judgment against a defendant in the civil courts, even in a straightforward debt claim. Understandably, plaintiffs may wish to take steps to secure payment in the interim so that they won't be left with a hollow victory whenever judgment is eventually obtained. Such efforts may be thwarted, however, by the general rule against a plaintiff obtaining "execution before judgment".

In Leanne Homes Limited v. Singh, 2024 ONSC 6634 (CanLII), the plaintiff builder sued three defendants for damages following their failure to complete a transaction to purchase a property in Shelburne, Ontario. The three defendants had agreed to buy the property for $1,182,990 and paid a deposit of $170,000. On the closing date of January 18, 2024, the defendants failed to complete the transaction.

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