Félix Poliquin-Boutin

The moving party creditor sought to lift the stay of proceedings under s. 69.4 of the Bankruptcy and Insolvency Act to continue two civil actions against the bankrupt.

The creditor alleged the bankrupt owed fiduciary obligations, that the loaned funds were subject to a constructive trust, and that the bankrupt made fraudulent misrepresentations.

The court dismissed the motion, finding that the civil actions had little prospect of success as the debt was a standard unsecured loan governed by a promissory note.

The court also found that lifting the stay would prejudice other unsecured creditors and delay the administration of the estate.

The applicant mother sought the sale and equal division of a co-owned property with her son, the respondent.

The respondent brought a cross-motion seeking a declaration that the applicant's interest was held in trust for him and a transfer of title without consideration, arguing unjust enrichment.

The court dismissed the applicant's request for sale, finding her conduct malicious, oppressive, and vexatious, and that a sale would result in unjust enrichment for her.

The court declared the applicant's 50% interest in the property to be held in constructive trust for the respondent and ordered its transfer to him.

The respondent's claim for damages related to the applicant's refusal to refinance was dismissed due to his delay in seeking relief.

The defendant brought a motion to set aside a default judgment obtained by the plaintiff for unpaid construction work.

The court applied the five-factor test for setting aside a default judgment and found that the defendant did not move promptly, failed to provide a plausible excuse for the default, and lacked an arguable defence to the plaintiff's quantum meruit claim.

The court concluded that setting aside the judgment would prejudice the plaintiff and undermine the integrity of the administration of justice.

The motion was dismissed.