The appellant, a judgment creditor, appealed an order granting partial summary judgment dismissing his claims to an interest in a property and shares in a company.
The motions judge had found that the transfer of shares in a bare trustee company effectively transferred the beneficial interest in the property it held.
The Court of Appeal allowed the appeal, finding that the motions judge improperly conflated the transfer of shares with the transfer of the beneficial interest in the land, failing to consider the requirements of the Statute of Frauds and the lack of land transfer tax payment.
The partial summary judgment was set aside, a certificate of pending litigation was granted, and the matter was directed to trial.
