Kayla Theeuwen

The plaintiffs brought a motion to declare three judgment debtors as vexatious litigants and to prohibit them from bringing further motions without leave, or alternatively, to require them to post security for costs.

The motion was prompted by the judgment debtors' attempt to set aside a 2014 trial judgment based on allegedly new evidence.

The court found that two of the judgment debtors had a history of abusive litigation conduct, including re-litigating decided issues and failing to pay costs awards.

The court declared those two debtors vexatious litigants and ordered all three to post security for costs before pursuing any further motions to set aside the judgment.

The applicants were wholly successful in an application regarding the control of a non-profit organization.

They sought their costs on a partial indemnity basis.

The court noted the respondents' unjustified delays, failure to respond to settlement offers, and improper conduct in locking the applicants out of corporate accounts.

The court rejected the respondent's argument of inability to pay and awarded the applicants costs fixed at $45,000 all-inclusive.

The plaintiffs and the deceased Madan Sharma were involved in a joint venture to build and sell residential homes.

Following Sharma's death, disputes arose over the winding up of the joint venture, with both sides alleging overpayment of management fees and misappropriation of funds.

The court found that the defendants misappropriated $1,586,584.83 from the sale of a joint venture property by directing the proceeds to a non-joint venture corporation, and pierced the corporate veil to hold the individual defendants personally liable.

The court dismissed the defendants' counterclaim for misappropriation but found that the plaintiff's post-2008 record keeping was sufficiently unreliable to constitute oppression, ordering a formal accounting to determine the final state of accounts.

Following a successful motion for summary judgment in a fraudulent conveyance action, the plaintiff sought costs on a substantial indemnity scale against the defendants and the intervenor.

The court noted the defendants' delay tactics, unfounded allegations of fraud, and lack of credibility.

The court awarded the plaintiff costs of $175,000 against the defendants and $30,000 against the intervenor, finding the amounts reasonable given the complexity introduced by the defendants' failed defenses.

The plaintiff brought a motion for summary judgment to declare the transfer of a property from the judgment debtor to his spouse as a fraudulent conveyance.

The transfer occurred shortly after a draft judgment of $1.5 million (U.S.) was released against the debtor.

The defendants argued the plaintiff lacked standing, the action was statute-barred, and counterclaimed for slander of title.

The court found the transfer was a fraudulent conveyance intended to defeat creditors, dismissed the defendants' motion to adduce new evidence, dismissed the counterclaim, and granted summary judgment in favour of the plaintiff, including a tracing order to a subsequently purchased property.

The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for failing to close a real estate transaction.

The defendant argued that the plaintiff misrepresented the zoning of the property and breached the agreement by refusing to grant further extensions.

The court found no genuine issue requiring a trial, noting the clear 'entire agreement' and 'as is' clauses in the Agreement of Purchase and Sale, and the defendant's own failure to properly investigate the zoning.

The court awarded the plaintiff damages for the loss of bargain and carrying costs, finding she had reasonably mitigated her damages by reselling the property.

The plaintiffs, as judgment creditors, previously obtained a civil contempt order against the defendant judgment debtor for concealing income and moving assets to defeat his creditors.

The penalty phase was adjourned to allow the defendant to purge his contempt by paying $112,623.

The defendant paid the amount in full, albeit past the deadline.

The court determined the appropriate sentence for the contempt, weighing mitigating factors (purging the contempt, no prior record, apology) against aggravating factors (intentional and long-running misconduct).

The court ordered the defendant to complete 75 hours of volunteer community service over six months.