2 total
Default judgment motion failed for defective materials and problematic interest claim.
The plaintiff sought an in-writing default judgment on a personal guarantee of a corporate loan after an alleged default.
The court dismissed the motion without prejudice because the motion record failed to comply with prior service directions, omitted a draft judgment, sought prejudgment interest at a rate potentially contrary to s. 347 of the Criminal Code, and referenced a bill of costs that was not provided.
The court also noted concerns with substituted household service of the statement of claim and later regular-mail service of the default materials.
The motion may be renewed on fresh material addressing those deficiencies.
Unregistered declaration of trust takes priority over execution creditors where certainty of intention is established.
The applicant transferred legal title of her home to her two sons while retaining a life interest and executing an unregistered declaration of trust naming herself as the beneficial owner.
One of the sons later falsely claimed full ownership of the property to secure a vehicle lease, leading the respondents to register executions against him.
The applicant sought a declaration that she was the sole beneficial owner and that the executions did not attach to the property.
The court found that the applicant had the requisite certainty of intention to create a valid trust in 2003, and therefore her prior unregistered beneficial interest took priority over the execution creditors.
