Kyle Corbin

The interim receiver sought an order to release holdback funds totaling $449,881.87 to be added to the proposal fund for distribution among creditors.

The respondent claimed the funds based on a mortgage that had been discharged and alternatively sought a constructive trust.

The court found that the mortgage constituted both a fraudulent conveyance under the Fraudulent Conveyances Act and an unjust preference under the Assignments and Preferences Act.

The court dismissed the respondent's motion and granted the interim receiver's motion, allowing the holdback funds to be distributed to creditors in accordance with the approved proposal.

The plaintiff, RiverRock Mortgage Investment Corporation, brought a motion for summary judgment to enforce a defaulted mortgage against the defendants, Amadeus Blazys and Luisa Blazys, seeking judgment for the outstanding amount, possession of the property, and leave to issue a Writ of Possession.

The defendants argued that the action should be dismissed due to RiverRock's breaches of the Mortgages Act and the Interest Act, challenging the timing of the Statement of Claim relative to the Notice of Sale, the validity of certain fees (including a renewal fee and a three-month interest penalty upon default), and the interest rate.

The court granted summary judgment to RiverRock for the principal, prejudgment interest, renewal fee, property tax reimbursement, and some additional fees, but disallowed the three-month interest penalty and certain other fees (NSF, default proceedings fee) as offending the Interest Act.

The court also granted leave nunc pro tunc for the Statement of Claim to be issued before the Notice of Sale period expired, noting that this procedural irregularity would be considered in costs.

The appellant, Christian Walters, appealed his convictions for unauthorized possession of a firearm, possession of a loaded restricted firearm, possession of a restricted weapon without a licence, possession of prohibited devices, careless storage of a firearm, and unlawful possession of cocaine, as well as his sentence of 38 months' imprisonment.

The convictions stemmed from items found during a search warrant execution at an apartment he frequented.

The trial judge found Walters had knowledge and control of the items based on circumstantial evidence, including his association with a shooting suspect and the location of his personal items near the seized contraband.

The Court of Appeal dismissed the conviction appeal, finding the trial judge's reasoning on possession was sound and the verdicts were not unreasonable, nor inconsistent with the co-accused's acquittal.

The sentence appeal was also dismissed, as the court found the sentence was appropriate given the serious nature of the offences involving both firearms and drugs, and the appellant's moral culpability.