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The court admitted Charles Bremner’s discovery and execution-examination transcripts against both defendants, finding a common-interest exception and, alternatively, Rule 12-5(54).
The court imputed income to Mr. Chen, awarded retroactive child support, divided family property, rejected a trust claim over five properties, and granted judgment in a related loan action.
The court set aside an ex parte Mareva injunction for material non-disclosure, allowed leave to amend a defective notice of civil claim, and refused third-party disclosure.
The court held that three transfers of Richmond properties to family members were void as fraudulent conveyances and fraudulent preferences, and granted declarations accordingly.
Appeal dismissed as abandoned after the appellants failed to post court-ordered security within 90 days and offered no explanation or substantive grounds.
The Italian court expressly found Mr. King's liability arose from fraud and extra-contractual acts rather than from an error, omission or negligent act in the performance of professional services; accordingly the Policy's coverage grant was not triggered and Mr. King suffered no recoverable damages from any advice about suing LawPro, so the motion judge correctly dismissed the counterclaim and the costs award was not disturbed.
Source excerpt
The motion judge erred by failing to conduct the required holistic analysis of the justness of ordering security for costs. Given the public interest nature of the enforcement action, practical impossibility of obtaining impecuniosity evidence from representative plaintiffs, contingency counsel, potential unavailability of third party funding due to defendant conduct, the appellants’ non-frivolous and novel legal issues, and the disproportionate financial capacity of the defendants, it would be unjust to order security for costs; therefore the security order is set aside.
Source excerpt
The court dismissed a limitation defence to enforcement of a Chinese judgment, holding s. 7(b)(i) turns on when enforcement in China expires, not when it begins.
The court refused to release any of the trust funds held from the Whistler property sale, keeping them as security for the SEC’s claim to enforce a U.S. judgment.
Appeal from an interpleader order dismissed. The court held there were competing claims to trust funds, including a proprietary claim by Al-Saleh, but required a procedure to resolve them.
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