Adam Raikes

The moving party sought to set aside a judgment obtained by the trustee in bankruptcy declaring a transfer of funds at undervalue under section 96(1)(b)(i) of the Bankruptcy and Insolvency Act.

The moving party argued he did not receive adequate notice of the motion and was unaware it was proceeding.

The court found that the moving party received multiple attempts at service via email, regular mail, process servers, and postings on his door, and that he deliberately evaded service and ignored the notices.

The court held that the first prerequisite for setting aside the judgment—proof of accident, mistake, or insufficient notice—was not met, and dismissed the motion.

This endorsement concerns the costs of a successful motion by the Defendant to strike the Plaintiff's Statement of Claim.

The Defendant sought substantial indemnity costs of $15,000, citing the Plaintiff's unreasonable conduct and a Rule 49 offer to settle.

The Plaintiff argued for no costs or partial indemnity, claiming the Defendant's costs were exaggerated and their offer to settle was not effective.

The court awarded the Defendant partial indemnity costs of $9,000, finding the Plaintiff's conduct did not meet the high threshold for substantial indemnity, and the Defendant's Rule 49 offer did not trigger enhanced costs because it was not more favourable than the amount recovered when evaluated at the time of the offer.

The defendant, Copart Canada Inc., brought a motion to strike the plaintiff, Filler Depot's, Statement of Claim in its entirety or in part.

The defendant argued that the plaintiff failed to plead material facts and essential elements for claims based on unlawful means tort, oppression, conspiracy, deceit, fraudulent misrepresentation, civil fraud, and breach of fiduciary duty.

The court agreed, finding these causes of action were not properly pleaded.

The court also addressed a recusal motion brought by the plaintiff's counsel, which was dismissed as lacking grounds.

The court ordered the plaintiff to deliver a Fresh as Amended Statement of Claim within 30 days, striking the improperly pleaded claims with leave to amend.