Canada Case Law

2270752 Ontario Inc. v. Century 21 New Star Realty Inc.

Court

Court of Appeal for Ontario

Trial judge’s credibility assessments and findings of multiple badges of fraud established that Baljit breached his trust and fraudulently conveyed the matrimonial home to defeat creditor claims; Arvinder failed to show she paid good consideration or lacked knowledge, so the conveyance was set aside as against creditors and the respondent’s award of $600,000 and costs was upheld.

Source excerpt

• Fraudulent conveyance
• Breach of trust
• Creditor remedies
• Innocent purchaser for value without notice
• Costs

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Beigi v. Sabaghchian

Court

Supreme Court of British Columbia

The court dismissed Niaz Sabaghchian’s request to cross-examine an affiant as premature because her underlying application was still procedurally unresolved.

• Cross-examination on affidavits
• Summary trial
• Application to strike (abuse of process)
• Authenticity of foreign documents
• Costs
• Cross-examination-on-affidavits

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Sase Aggregate Ltd. v. Langdon

Court

Court of Appeal for Ontario

Appeal dismissed because the application judge reasonably found Sase failed to trace its stolen funds into the Wagg Rd. Property except for an admitted $177,632.38, Langdon credibly and documentarily accounted for independent legitimate funding and lacked actual or constructive knowledge, and therefore a constructive trust over the property proceeds was not warranted.

Source excerpt

• Constructive trust
• Tracing
• Knowing receipt
• Knowing assistance
• Unjust enrichment
• Fiduciary duty

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Jazette Enterprises Ltd. v. Gould

Court

Supreme Court of British Columbia

The court allowed the Beadle Defendants to amend their response to plead abuse of process based on the Qatar action and limited discovery to 2 hours.

• Amendment of pleadings
• Abuse of process
• Conversion
• Conspiracy
• Knowing assistance
• Breach of fiduciary duty

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Sirius Concrete Inc. (Re)

Court

Court of Appeal for Ontario

Taking Ayerswood's uncontradicted affidavit evidence as true, the alleged deceit-induced payment could legally give rise to unjust enrichment and a constructive trust; therefore the bankruptcy judge erred in concluding as a matter of law that a trust claim could not possibly succeed, and the matter must be returned to bankruptcy court to determine entitlement through an appropriate procedural route.

Source excerpt

• Constructive trust
• Unjust enrichment
• Motion for directions
• Summary procedure
• Duty of honest performance
• Costs

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Neural Capital GP, LLC v. 1156062 B.C. Ltd.

Court

Supreme Court of British Columbia

La Corte desestimó la acción sobre una inversión cripto de US$5 millones, al concluir que no se probó mala fe, apropiación indebida ni enriquecimiento injusto.

• Breach of fiduciary duty
• Knowing assistance
• Knowing receipt
• Fraudulent misrepresentation
• Unjust enrichment
• Dissolution/winding up of limited partnership

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court dismissed preliminary motions to stop a summary trial in Axion’s corporate dispute, holding the defendants had not shown the case was plainly unsuitable.

• Breach of fiduciary duty
• Constructive trust
• Knowing receipt
• Knowing assistance
• Civil conspiracy
• Interim injunction

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British Columbia (Securities Commission) v. Pasquill

Court

Supreme Court of British Columbia

The court struck most of the Commission’s claims against third parties in a collection action, but preserved a narrow fraudulent conveyance claim and allowed a limited amendment.

• Disgorgement
• Statutory interpretation
• Abuse of process
• Fraudulent preference
• Fraudulent conveyance
• Certificates of pending litigation

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Bear Creek Contracting Ltd. v. Pretium Exploration Inc.

Court

Supreme Court of British Columbia

The court allowed Bear Creek to amend its claim in part, added Rokstad Holdings Corporation as a defendant, and refused to add the proposed directors.

• Amendment of pleadings
• Joinder of parties
• Limitation periods
• Statutory holdback and holdback account
• Breach of trust
• Abuse of process

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Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional v. Garcia

Court

Court of Appeal for Ontario

Majority allowed appellant's appeal on the personal liability finding: the trial judge erred in law by relying on constructive/objective knowledge to ground a knowing assistance finding and made a palpable and overriding factual error in finding the appellant signed cheques/authorisations linked to the trust funds; accordingly the $3,000,000 personal judgment against Leanne Duscio was set aside and a new trial ordered on the knowing receipt claim while Catan and others remain liable for the $3,000,000 deposit.

Source excerpt

• Knowing assistance
• Knowing receipt
• Constructive trust
• Tracing
• Wilful blindness
• Remedies and costs

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