Kayla Rae Theeuwen

The decision addresses motions by First Trust Management AG, as Trustee of The Salus Rete Trust, to stay or dismiss two related actions on the basis that Ontario lacks jurisdiction or is not a convenient forum.

The court finds that the claims are adequately pleaded, that Ontario has jurisdiction simpliciter based on several presumptive connecting factors (including contracts made in Ontario and torts committed in Ontario), and that Ontario is the most appropriate and convenient forum for the actions.

The motions are dismissed.

This appeal arose from a residential real estate development joint venture that ended in dispute over profit overpayments and retained proceeds.

The trial judge found oppression, ordered an accounting, and made findings on set-off, piercing the corporate veil, pre-judgment interest, and costs.

The Court of Appeal found errors in the trial judge's premature dismissal of set-off claims, the personal liability findings against individuals (Rekha and Meena Sharma) by improperly piercing the corporate veil of non-parties or for insufficient reasons, and the finding of an ad hoc fiduciary duty.

The Court also determined that the immediate payment orders for net sale proceeds, the pre-judgment interest rate, and the costs award were premature given the outstanding accounting.

The appeal was allowed, setting aside parts of the trial judgment and the entire interest and costs judgment, and directing the Associate Judge conducting the accounting to determine interest and costs after the accounting is completed.

This decision addresses interest and costs following a trial concerning a defunct joint venture.

The plaintiffs were largely successful at trial, establishing misappropriation of funds by the defendants and lifting the corporate veil.

The court awarded pre-judgment interest at 8% (non-compounded) from January 1, 2012, to November 2, 2021, with an exclusion period for plaintiff's delay.

Post-judgment interest was set at the Courts of Justice Act rates.

The court awarded substantial indemnity costs to the plaintiffs, reduced from the claimed amount due to some divided success and costs incurred by defendants from mid-trial document production.

The court found the defendants' conduct, including meritless allegations of dishonesty and introducing new unpleaded theories at trial, justified the substantial indemnity costs.

The applicants, co-founders of a not-for-profit organization, sought declarations and orders against the primary respondent and others for corporate governance breaches and misappropriation of corporate property.

The primary respondent unilaterally declared herself president, installed a new board, and locked the applicants out of corporate accounts, claiming the organization and its assets were part of her PhD study.

The court found the respondent breached corporate legislation, improperly removed directors, and misappropriated corporate property.

The court ordered the return of all corporate property and accounts to the organization and permanently enjoined the primary respondent from holding herself out as president, director, or member, or from using the organization for funding applications or making website changes.

The appellants, Eugene Bokserman and Elena Krasnov, appealed a summary judgment that found a fraudulent conveyance of their jointly held home and awarded costs.

The Court of Appeal dismissed the appeal, upholding the motion judge's findings that the conveyance was fraudulent, the refusal to admit fresh evidence, the determination that the action was not statute-barred, and the substantial indemnity costs award.

The court affirmed the motion judge's ability to assess credibility and weigh evidence in a summary judgment context and found no error in the application of the Fraudulent Conveyances Act or the Limitations Act.