4 total
Default judgment granted setting aside a property transfer to a family member as a fraudulent conveyance.
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.
Global class action for auditor negligence certified; motion judge erred in jurisdictional and preferable procedure analyses.
The appellant sought to certify a global class action against an Ontario accounting firm for auditor's negligence regarding a clean audit report used in a US private placement.
The motion judge denied certification, finding no real and substantial connection to Ontario for the foreign investors and concluding that joinder was preferable to a class proceeding.
The Divisional Court upheld this decision.
The Court of Appeal allowed the appeal, holding that the motion judge erred by mischaracterizing the claim as being about the foreign financing rather than the Ontario-based audit, and by failing to properly conduct the comparative access to justice analysis required for the preferable procedure criterion.
The action was certified as a class proceeding.
Appeal from dismissal of class action certification dismissed; joinder found to be the preferable procedure.
The plaintiff appealed the dismissal of its motion to certify a global class action against an Ontario accounting firm for negligence and negligent misrepresentation in an audit report.
The Divisional Court (majority) upheld the motion judge's decision, finding no palpable and overriding error in the conclusion that joinder was the preferable procedure and that Ontario lacked a real and substantial connection to the claims of the foreign investors.
The appeal and a motion for leave to appeal costs were dismissed.
A dissenting judge would have allowed the appeal and certified the class action.
Certification denied; Ontario lacked real and substantial connection to global investor class.
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.
