J. Baker

The Office of the Superintendent of Bankruptcy opposed the Licensed Insolvency Trustee's Statement of Receipts and Disbursements, seeking a $3,000 reduction in fees due to significant delays and misconduct in administering the estate over 18 years.

The court found the trustee's conduct resulted in irresponsible decisions, unnecessary services, and a failure to properly report to the court, causing the bankrupt to remain undischarged for 17 years.

Applying the Hess principles, the court granted the requested $3,000 reduction, reducing the trustee's fees to $17,000.

The plaintiff brought a motion for leave to issue a certificate of pending litigation (CPL) over a Toronto condominium legally owned by his ex-fiancée, the defendant.

The plaintiff claimed beneficial ownership based on an oral agreement and wire transfers he alleged were for the property's purchase.

The court found the plaintiff established a triable issue for a constructive trust.

However, the court dismissed the motion, concluding that the equities favoured the defendant because the property was an investment, not unique to the plaintiff, and damages would be an adequate remedy.

Costs were awarded to the defendant.