MTCC No. 933 vs ICC et. al.

MTCC No. 933  Plaintiff and
ICC Property Management Ltd and Massimo Musso  Defendants
Ontario Superior Court of Justice
CV-15-540184

On 09 November 2015, the owners of MTCC #933, an up-scale condo tower at 38 Elm Street, were informed that the condo corporation intended to bring one or more actions for damages, costs and interest against its "former on-site property manager together with any related persons or entities and any other persons or entities that MTCC 933 deems to be a necessary and proper property to the litigation (collectively, the "Defendants").

The general nature of the claim against the Defendants is for damages arising from various alleged expense anomalies, over-payments, building renovations and other matters arising from and during the former on-site property manager's tenure with MTCC 933."

A Notice of Action
A Notice of Action was commenced one day later, on 10 November 2105.

The Plaintiffs claim is for:

(a)	Damages in the amount of $900,000 for breach of contract, negligence, breach of trust, breach of fiduciary duty, unjust enrichment, conversion, and fraud;
(b)	Pre-and post-judgment interest in accordance with the Courts of Justice Act, R.S.O. 1990 c. C.43.
(c)	Cost on a substantial indemnity basis; and,
(d)	such further and other relief as this Honourable Court deems just.

It appears that this action was rushed as the Notice of Action was submitted to the court but, not a Statement of Claim.

Can this be right?

TO THE DEFENDANT
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Defendant. (sic) The claim made against you is set out in the statement of claim served with this notice of action.

Shouldn't it read "by the Plaintiffs"? Another reason I suspect that this action was rushed, perhaps by time restraints.

Statement of claim

The Notice of Action of a court application was followed by a 16 page Statement of Claim on 09 December 2015.

Have the defendants been served?
As of the start of April 2016, it appears not. In response to queries by a reporter from the Globe and Mail, (see the article on the next page) the Defendants state that they have not been served. Perhaps the condo corporation lawyers are not yet ready to proceed.

I believe that after filing an Application, the Plaintiffs have six months to serve the Defendants.

Not the first time
A few years ago, Metro News reported that MTCC # 933 made a court application against their property manager, her supervisor and their employer that contained accusations of fraud.

That court application was settled out of court.

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