Law360 Canada (January 9, 2023, 9:04 AM EST) -- Application by defendant Paramjit for the dismissal of the plaintiff’s claims against him in the Notice of Civil Claim (NOCC) and for the cancellation of the certificate of pending litigation (CPL) against the Property. The plaintiff was a corporation which conducted business in construction and the supply of construction materials to contractors. Green Canada operated as general contractor supplying and installing drywall for various construction projects. Dharminder, son of Paramjit, was the shareholder and director of Green Canada. In the NOCC of the plaintiff, it was alleged two credit agreements were entered into between the plaintiff and Green Canada (Credit Agreements). Dharminder and Davinder allegedly agreed to act as indemnitors for Green Canada in respect to payment of any unpaid balances on accounts between the plaintiff and Green Canada. In the NOCC, Green Canada allegedly purchased construction materials from the plaintiff pursuant to the Credit Agreements. Green Canada had fallen into arrears under the Credit Agreements. The plaintiff alleged an agreement was made between the plaintiff with Davinder, Dharminder and Paramjit whereby Davinder and Dharminder would each assume liability for half of the arrears and Davinder agreed to settle his half of the arrears. The plaintiff alleged Green Canada, Dharminder, and Paramjit failed to pay the balance of the arrears. The plaintiff obtained a CPL and filed that certificate in the Land Title Office against the Property. Paramjit argued there was no privity of contract between himself and the plaintiff because Paramjit never became a party to the Credit Agreements and had no other contractual relationships with the plaintiff....