Dylan Cox

The applicants sought a declaration that the respondent insurer had a duty to defend them in an underlying action alleging misappropriation of funds from syndicated mortgages.

The insurer had denied coverage, arguing the applicants made a material misrepresentation in their insurance application regarding their source of financing.

The court found that the email relied upon by the insurer lacked detail and precision, and the insurer failed to clarify the ambiguous answers.

The court concluded there was no misrepresentation and ordered the insurer to resume defending the applicants and pay their incurred defence costs on a full indemnity basis.

Following a successful motion for summary judgment, the plaintiff sought full indemnity costs of $41,852.77.

The court found that the contract between the parties entitled the plaintiff to full indemnity for losses, including legal fees.

The court also noted it would have awarded full indemnity regardless, due to the defendant's high-handed and dishonest conduct in appropriating funds.

The defendant was ordered to pay the full amount sought.

The plaintiff corporation brought an action for the tort of conversion against the defendant, who received millions of dollars in Apple products purchased fraudulently by the plaintiff's employee using corporate funds.

The defendant did not attend the trial.

The court found the defendant liable for conversion, as he received, transferred, and sold the products without the plaintiff's permission, thereby negating the plaintiff's possessory interest.

The court awarded damages of over $2.7 million, plus prejudgment interest and costs, and extended a Mareva injunction against the defendant.