The plaintiffs, unpaid contractors on a home building project, brought a motion in two related actions for four orders: to transfer one action from Toronto to Newmarket, to amend their statements of claim to add defendants and allege fraudulent conveyances, to register certificates of pending litigation (CPLs) on the impugned properties, and for summary judgment against the corporate builder.
The court granted the venue transfer and summary judgment on consent.
The court also granted leave to amend the pleadings, finding no non-compensable prejudice to the defendants.
However, the court dismissed the motion for CPLs, concluding that the plaintiffs' evidence regarding the fair market value of the properties was methodologically flawed and failed to establish a prima facie case of intent to defeat creditors.
