Joshua Siegel

The defendants moved for summary judgment to dismiss the plaintiff bank's fraudulent conveyance action as statute-barred, and alternatively to discharge a certificate of pending litigation (CPL) for delay.

The plaintiff brought a cross-motion to extend the time to set the action down for trial.

The court held that the applicable limitation period for an action to set aside a fraudulent conveyance of real property is the ten-year period under section 4 of the Real Property Limitations Act, not the two-year period under the Limitations Act, 2002.

As the action was commenced within ten years, the summary judgment motion was dismissed.

The court also declined to discharge the CPL or dismiss the action for delay, finding that both parties contributed to the delay and the plaintiff would suffer prejudice if the action were dismissed.

The plaintiff's motion to extend time was granted.

The plaintiff alleged that his former spouse knowingly infected him with HIV and sued multiple defendants, including the federal Crown, an immigration medical examiner, and the employer of the spouse.

The defendants brought motions for summary judgment dismissing the claims.

The court held that the action was statute‑barred under the Limitations Act, 2002 because the plaintiff had sufficient knowledge of material facts when he was diagnosed as HIV‑positive in March 2004 but commenced the action in 2008.

The court further held that neither the federal government nor the immigration physician owed a private law duty of care to the plaintiff under the Anns/Cooper framework, and there was no evidentiary basis for negligence or vicarious liability against the nightclub employer.

The claims against all moving defendants were dismissed.