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Motion to quash appeals largely dismissed; directions given regarding estate representation and leave to appeal costs.
The moving parties brought a motion to quash appeals from a trial judgment in an estate matter.
The Court of Appeal dismissed the grounds alleging contempt and out-of-time filing, noting the time to appeal ran from the date the formal judgment was entered.
The Court directed that the estate appellant must retain a solicitor pursuant to Rule 15.01(1), and ordered that a self-represented appellant's appeal regarding costs would be quashed if he failed to obtain the required leave to appeal.
Fraudulent conveyance actions are not subject to the six-year limitation period for actions upon the case.
The appellant law partnership, a creditor of a bankrupt management company, brought an action under the Fraudulent Conveyances Act to set aside a transfer of assets to a related company.
The motions judge granted summary judgment dismissing the action, finding it was barred by the six-year limitation period in the Limitations Act or by the equitable doctrine of laches.
The Court of Appeal allowed the appeal, holding that an action to set aside a fraudulent conveyance is neither an action on a simple contract nor an action upon the case, and thus is not caught by the six-year limitation period.
The Court also found a triable issue regarding whether the respondents suffered prejudice sufficient to establish the defence of laches.
