3 total
The court dismissed a third-party claim against financial advisors as a nullity vested in bankruptcy and statute-barred.
The third parties moved for summary judgment to dismiss the third party claim brought by the defendants, Michael Gillis and Julie Joanisse Gillis, against their financial advisors and firm.
The court found that the causes of action arose before and during the defendants’ bankruptcy and thus vested in the trustee in bankruptcy.
The claims were not transferred back to the defendants and were also found to be statute-barred.
The court granted summary judgment dismissing the third party claim and struck the action as a nullity.
Case allowed decision
This decision addresses the costs of a motion where the plaintiffs were entirely successful in determining the order of examination for discovery.
The court awarded substantial indemnity costs to the plaintiffs, condemning the defendant Aviva's tactical delay and deficient affidavit of documents.
The judge emphasized the importance of proper document disclosure in civil litigation and allowed for counsel's travel time and reasonable disbursements, noting that a litigant's choice of counsel should not be limited by geographical proximity.
Insurer lost priority to examine first due to serving a deficient and outdated affidavit of documents.
The plaintiffs brought a motion for directions to determine the order of examinations for discovery.
The defendant insurer had served an affidavit of documents that was two years out of date and omitted the relevant insurance policy, claiming priority to examine the plaintiffs first.
The court found the insurer's affidavit of documents was deficient and a nullity, meaning it had not preserved its right to examine first.
The court ordered the insurer to serve a further and better affidavit of documents, struck the insurer's notice of examination and certificate of non-attendance, and ordered that the plaintiffs were entitled to examine the defendants first.
