Dennis Ralph Wiebe

The moving parties sought an order allowing the registration of a Certificate of Pending Litigation against recreational real estate near Kenora, Ontario.

The property was transferred two days after the death of the original owner through a right of survivorship and then to the respondent Parks, allegedly as a gift.

The estate trustee and beneficiary challenged the validity of the transfer due to suspicious circumstances and the failure to produce the transfer documents.

The respondents opposed the motion, arguing a full hearing was necessary.

The court granted the Certificate of Pending Litigation, finding the test was met and the purpose of the procedure justified its issuance despite the motion being brought on notice.

In a CCAA proceeding, the Monitor sought leave to appeal an order dismissing its motion for a declaration that funds swept into a UK bank account were subject to a statutory trust under the Construction Lien Act.

The CCAA judge had found the funds were irreconcilably commingled and could not be traced.

The Court of Appeal refused to admit fresh evidence and denied leave to appeal, finding the proposed appeal was not prima facie meritorious and the decision was fact-specific and consistent with established jurisprudence regarding tracing.