Gayatri Nava

The plaintiff brought an action for professional negligence against her former lawyers regarding their handling of a civil action.

The plaintiff moved for summary judgment, and the defendants cross-moved for summary judgment and to strike the claim as an abuse of process.

The court dismissed both summary judgment motions due to credibility issues and the need for expert evidence.

The court also dismissed the motion to strike, finding that the action was not a collateral attack on the assessment officer's costs decision, nor did the plaintiff's abandoned appeal of the underlying judgment preclude her from bringing a civil action for solicitor negligence.

The defendants Jing Liu and Yu De Xing (the "Xing defendants") brought a motion to enforce a Third Party Offer to Settle dated July 4, 2017, which they accepted on February 15, 2020.

The plaintiffs and Third Party argued that a subsequent global offer to settle from January 2020 impliedly withdrew the earlier offer, or that the court should exercise discretion due to inadvertent error.

The court found the two offers to be fundamentally distinct and that the later offer did not impliedly withdraw the earlier one.

The motion to enforce the July 2017 Offer to Settle was granted, and partial indemnity costs were awarded to the moving parties.

The plaintiff, a judgment creditor, brought an action to set aside a transfer of real property from the defendants (debtor and spouse) to the spouse for nominal consideration, alleging it was a fraudulent conveyance under the Fraudulent Conveyances Act.

Both parties moved for summary judgment.

The court dismissed the defendants' request to redact the record, found the action was not limitation-barred (applying the 10-year Real Property Limitations Act period or, alternatively, the discoverability principle for the 2-year Limitations Act, 2002), and determined that the transfer was made with intent to defeat creditors, citing multiple "badges of fraud." The court granted judgment to the plaintiff, declaring the transfer void against creditors, and awarded costs.