MortgageBrokers.com Files a Motion to Add Forty-One Ottawa Mortgage Agents Claiming That it Owns the Mortgage Agents List of Customers and Phone Numbers
(firmenpresse) - OTTAWA, ONTARIO -- (Marketwire) -- 03/23/12 -- MortgageBrokers.com Inc. et al. ("MortgageBrokers.com") originally filed a law suit on January25, 2010 in the Ontario Superior Court of Justice against Jeff Cody, York Polk, Frank Napolitano and Michael Hapke et al. ("Managing Partners") (the defendants collectively referred to as "Mortgage Brokers City") after they terminated their working relationship with MortgageBrokers.com. The lawsuit alleges, among other things, breach of fiduciary duty, trademark infringement and soliciting Ottawa mortgage agents and clients and seeks, among other things, $18 million dollars in damages. Mortgage Brokers City is vigorously defending the action and denies any wrongdoing against all of the claims.
MortgageBrokers.com sought an interlocutory injunction against Mortgage Brokers City from soliciting clients, to stop them from attempting to hire the Ottawa mortgage agents who formerly worked with MortgageBrokers.com. The Court dismissed the injunction and ordered MortgageBrokers.com to pay Mortgage Brokers City costs on a substantial indemnity basis in the sum of $157,080.78.
MortgageBrokers.com had also withheld commissions owing to 41 Ottawa mortgage agents and the Managing Partners. The Ottawa agents and the Managing Partners were forced to bring a lawsuit against MortageBrokers.com for the payment of these commissions. Pursuant to a settlement agreement, the Ottawa agent commissions were eventually paid out in March 2011 and a portion of monies claimed by the Managing Partners with respect to their commissions was put into court. The Managing Partners are actively pursuing their claim for their commissions against MorgtageBrokers.com and Alex Haditaghi (CEO - MortgageBrokers.com), Daniel Putman (President - MortgageBrokers.com), Dong Lee (Vice President of Operations - MortgageBrokers.com) and Robert Hyde (Vice President, Finance & Administration - MortgageBrokers.com).
In the latest turn of events, MortgageBrokers.com, now a subsidiary of Pacific Mortgage Group Inc., filed a motion with the Court on March 2, 2012, to add the 41 Ottawa mortgage agents to the lawsuit.
MortgageBrokers.com claims that it owns the mortgage agents lists of customers and phone numbers pursuant to their agent agreements with MortgageBrokers.com. MortgageBrokers.com also alleges in the lawsuit, among other things, that the mortgage agents are in breach of their agreements for allegedly competing with MortgageBrokers.com and allegedly soliciting "their" clients within the year after their resignation.
MortgageBrokers.com is specifically seeking $200,000 from each of the 41 Ottawa mortgage agents ($8.2 million in total) with respect to alleged lost commissions for deals that the Ottawa mortgage agents would have diverted pursuant to their alleged conspiracy with the Managing Partners and among themselves.
The motion to add the 41 Ottawa mortgage agents to the lawsuit is scheduled to be heard in Ottawa on May 8, 2012.
Contacts:
Mortgage Brokers City Inc.
788 Island Park Drive,
Ottawa, Ontario
K1Y 0C2
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Datum: 23.03.2012 - 07:30 Uhr
Sprache: Deutsch
News-ID 1095848
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