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The appeal was dismissed because the motion judge correctly exercised his discretion: the property had been preserved earlier in other proceedings and the appellant did not obtain any order recovering or preserving property through its instrumentality, so the s.34 charging order test was not met.
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The Federal Court discharged an interim charge against trust-held property, holding that a trustee’s legal title is not an “interest” under Rule 458 for a personal tax debt.
The Federal Court discharged an interim charge on trust property after finding a trustee’s legal title did not support charging the property for the trustee’s personal tax debt.
The Court held the appellant did not satisfy the s.34 requirement of being "instrumental" in recovering or preserving the property because the property and proceeds were always registered solely in the client’s name, and even if instrumental the discretionary remedy would not have been granted; the trial judge correctly exercised his power under r.25(19)(c) to amend the orders to retain the balance in trust and to permit payment of the respondent’s costs from those monies. The appeal was dismissed.
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The court found the defendant breached fiduciary duties as attorney and executor, misappropriated family funds, and ordered constructive trusts, compensation, and special costs.
La Cour rejette la demande de jugement sommaire d’Ascension visant à faire déclarer le GP démissionnaire pour insolvabilité, et ajourne les demandes de Miller Thomson au procès.
The motions were granted because funds existed and were recovered or preserved through Contini's instrumentality, credible evidence showed the clients had resiled from prior promises and would not or might not pay his receivables, undertakings were inadequate to protect his interests against other creditors, and the equities therefore required granting solicitor's liens with priority in the specified amounts pending assessment or agreement.
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Supplementary reasons award Supreme Court costs to Ms. Wang after the appeal, confirming the constructive trust remedy, 6% interest, $570,000 charge, and accounting.
The Federal Court held that Boily’s sale of co-owned immovable property and assignment of sale proceeds to Luce Paquet were unenforceable against the Crown.
The court dismissed Buckley LLP’s application for a charging order over sale consideration from a receivership, finding Buckley was not entitled to the remedy and no sufficient nexus was shown.
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