The Plaintiff, A.J. Lanzarotta Wholesale Fruits & Vegetables Ltd., brought an urgent motion for a Mareva injunction and a Norwich Order against the Defendants, United Farmers, 2773125 Ontario Inc., Janet Michelle Brunton, and Wayne D. King.
The Plaintiff alleged fraudulent misrepresentation by the Defendants regarding government contracts and ownership of a plane, leading to a $1.7 million debt for produce.
The court found that the Plaintiff made proper disclosure and established a strong prima facie case of fraudulent misrepresentation, as well as a real risk of asset dissipation by the Defendants.
The court also determined that the injunction should cover all property, whether solely or jointly held by Brunton, as beneficial ownership was a triable issue.
The Mareva injunction was continued.