Jonathan Reuben Samuel Schachter

The defendants moved for summary judgment dismissing a fraudulent conveyance action arising from a transfer of farm property allegedly made to defeat unresolved family law support and proprietary claims, and the plaintiff cross-moved for leave to amend to plead constructive trust and tracing remedies.

The court held that an unresolved support claim under the Family Law Act provided standing as a 'creditor or other' under s. 2 of the Fraudulent Conveyances Act.

It further held that an FCA action seeking to set aside a conveyance of real property is an action to recover land governed by s. 4 of the Real Property Limitations Act, attracting a ten-year limitation period rather than the two-year period under the Limitations Act, 2002.

The action and proposed amendments were therefore not statute-barred.

The defendants' motion was dismissed and the plaintiff's cross-motion was granted.

On a motion to strike arising from a solicitor's negligence action, the court struck a shareholder's personal claim on the basis that any alleged loss was corporate loss and therefore barred by the rule in Foss v. Harbottle.

The corporate plaintiff's claim against successor counsel was dismissed as frivolous, vexatious, and an abuse of process.

The court held the claim was statute-barred, the evidentiary record showed no instructions had been given to issue the third party claim, and prior factual findings in related litigation fatally undermined causation and damages.

In substance, the proceeding sought to relitigate issues already determined in earlier summary judgment proceedings.