The applicant brought a summary judgment motion seeking enforcement of an accepted offer to settle dated July 15, 2022, which the respondent Kevin Niessen accepted on September 8, 2023.
The offer included an equalization payment of $950,000 to be satisfied through transfer of property.
The respondent failed to pay the equalization payment within the required 90-day period.
The applicant also sought declarations regarding beneficial ownership of properties and enforcement of the equalization payment against properties owned by Rita Niessen and 20 Valley Communities Inc. The court found that the respondent had engaged in a pattern of asset transfers and encumbrances to avoid satisfying the equalization payment, including fraudulent transfer of jointly-owned property.
The court granted summary judgment in favour of the applicant, enforcing the settlement terms and declaring the respondent to be the beneficial owner of the disputed properties.
