Christopher R. Lee

The plaintiff, Trade Capital Finance Corp., brought a motion to compel Carlo De Maria to answer questions from his cross-examination on an affidavit supporting a motion by non-parties 2454904 Ontario Inc. and Red Quest Holdings Inc. to vary a Mareva Injunction.

The plaintiff also sought to admit fresh evidence related to banking activities of The Cash House Inc. and DoUknow Inc. The court granted the motion to admit fresh evidence to the extent it supported compelling an answer to one specific question (Q121) regarding DoUknow Inc.'s operating capital, finding it relevant to the true value of The Cash House Inc. shares and the proposed transaction.

All other questions and undertakings from the May 17, 2016 cross-examination were dismissed, as were undertakings from a November 25, 2015 cross-examination, which were deemed moot.

The plaintiff sought an adjournment of a motion brought by non-parties to vary an interim Mareva injunction.

The adjournment was requested to allow the plaintiff to compel answers to undertakings and refusals from an affiant whose affidavit supported the motion to vary.

The court granted the adjournment, applying established principles for judicial discretion in granting adjournments, emphasizing the overall objective of a just determination on the merits and the need for the plaintiff to adequately prepare its opposition.

The applicant property management company collected rent on behalf of landlords and deposited the funds into trust accounts.

After the applicant accrued tax arrears, the respondent issued requirements to pay and garnished funds from the applicant’s bank accounts.

The applicant sought declarations in the Superior Court that the seized funds belonged to the landlords, that the respondent could not seize them, and an order requiring the return of the funds.

The court held that the substance of the relief sought amounted to injunctive relief against a federal board exercising statutory tax‑collection powers.

Under s. 18 of the Federal Court Act, such remedies fall within the exclusive jurisdiction of the Federal Court.

The Superior Court therefore lacked jurisdiction to grant the requested orders.