J. Schwartz

The defendants brought a motion to strike the plaintiffs' Statement of Claim as an abuse of process.

The plaintiffs, two cancer researchers, had previously been investigated by the hospital for research misconduct, resulting in the closure of their lab.

They challenged these decisions through multiple administrative appeals and judicial reviews.

The court found that the civil claim, which alleged bad faith, conspiracy, and breach of contract, raised the same factual and substantive issues that were or could have been litigated in the administrative proceedings.

The motion was granted and the action was dismissed as an abuse of process.

Following a successful fraud trial brought under s. 38 of the Bankruptcy and Insolvency Act, the court determined the appropriate scale and quantum of costs payable to two successful creditor plaintiffs.

The defendants had engaged in fraudulent conveyances, document alteration, and litigation conduct that delayed the trial and attempted to mislead the court.

The court held that such conduct justified an award of full indemnity costs, an exceptional remedy reserved for egregious dishonesty and abuse of the judicial process.

After reviewing the draft bills of costs, the court reduced certain duplicative and insufficiently documented claims but fixed substantial full indemnity costs payable to each plaintiff.

The defendants were held jointly and severally liable for the costs, payable forthwith.

The plaintiffs, creditors of the bankrupt defendant, brought an action to set aside the conveyances of multiple real properties as fraudulent.

The defendant had transferred the properties to related individuals and shell corporations for nominal consideration shortly after defaulting on a business loan.

The court found that the defendant engaged in a pattern of dishonest conduct, including forging documents and manipulating trust declarations, to shield her assets from creditors.

Applying the balance of probabilities standard, the court held that the conveyances were fraudulent and void under the Fraudulent Conveyances Act.

The properties were ordered to be sold with proceeds distributed to the plaintiffs and the bankruptcy trustee.