Jordan Page

The plaintiff municipality obtained a judgment against the defendant in a related tort action.

Shortly before the trial of that action, the defendant transferred his property to his mother for significantly less than market value.

The plaintiff brought an action to set aside the transfer as a fraudulent conveyance.

The defendants failed to file statements of defence and were noted in default.

The court applied the 'badges of fraud' doctrine and found the transfer was made with the intent to defeat creditors.

The court granted default judgment and set aside the property transfer.

A proposed class action sought certification against an accounting firm for alleged negligent misrepresentation and negligence arising from a clean audit opinion included in a private placement memorandum for a hog‑farming company.

Accredited investors alleged the audit enabled a financing that later collapsed after disclosures about inadequate financial controls in a cash‑based business.

The court held the pleadings disclosed tenable causes of action and some proposed common issues satisfied the certification threshold.

However, the proposed global class lacked a real and substantial connection to Ontario and a class proceeding was not the preferable procedure, as the investors were identifiable, sophisticated, and capable of pursuing joined claims individually.

Certification was therefore refused.