Frederick Hawa

This motion concerned the approval of the Trustee in Bankruptcy's final statement of receipts and disbursements in the bankruptcy of Ametra Dave.

A creditor, Linda Zaplotinsky, objected to the Trustee's and its legal counsel's fees and disbursements, alleging mismanagement, ill-timed legal proceedings, and unnecessary costs.

The court found that while the Trustee's administration of assets was reasonable, the fees related to an unsuccessful property sale motion were not.

Consequently, the court exercised its discretion to reduce the Trustee's fees by $10,000 and its counsel's fees by $9,123.

The appellant appealed a summary judgment decision dismissing her claims against the respondents.

The central issue was whether the appellant was the sole or majority shareholder of John Bordynuik Inc. of Delaware and therefore entitled to bring claims on behalf of or as an assignee of that company.

The motion judge found that the respondent John Bordynuik was not obliged to give up his shares in the Delaware Company when he purchased his majority interest in JBI Inc. of Nevada.

The Court of Appeal upheld the motion judge's findings, accepting her interpretation of the documentary evidence, including an email and share ledger, over the appellant's interpretation of a Settlement Agreement.

The appeal was dismissed with costs fixed at $25,000 inclusive of disbursements and applicable taxes.

Following the setting aside of an ex parte Mareva injunction previously granted in favour of the plaintiff, the defendant sought costs.

The court considered whether substantial indemnity costs were appropriate due to alleged nondisclosure in obtaining the injunction.

While the court acknowledged concerns about incomplete disclosure, it concluded the conduct did not rise to the level of reprehensible or egregious behaviour required to justify substantial indemnity costs.

Applying Rule 57.01 of the Rules of Civil Procedure and relevant jurisprudence, the court awarded partial indemnity costs to the defendant.

Costs were fixed at $28,000 plus HST and disbursements, payable in any event of the cause following trial or other disposition.

The defendant moved to set aside an ex parte Mareva injunction that had frozen his assets pending trial.

The court held that the plaintiff failed to make full and frank disclosure of material facts when obtaining the injunction, including the existence of a prior written settlement agreement that could be dispositive of the claim and other misleading statements regarding the defendant’s financial circumstances.

Applying the principles governing Mareva injunctions and Rule 39.01(6) of the Rules of Civil Procedure, the court found the nondisclosure sufficient to rescind the order.

The court also declined to grant a fresh injunction, finding the plaintiff had not established a prima facie case or a genuine risk of dissipation of assets.

The defendant’s motion was granted and the plaintiff’s motion to continue the injunction was dismissed.