Martin Zenia Goose

The plaintiff, Edward Sobie, as executor of Stanley Sobie's estate, brought a motion for a status hearing, a timetable, and an extension of time to set the action down for trial, and to reconstitute the action.

The defendants opposed and brought cross-motions to dismiss the action for delay, failure to properly constitute the action, and failure to obtain an order to continue.

The court found that the plaintiff failed to provide an acceptable explanation for the significant delay and did not establish that the defendants would suffer no non-compensable prejudice.

The court also found that the action was not properly constituted from its inception and that the plaintiff failed to obtain an order to continue after the property's transfer.

Consequently, the plaintiff's action was dismissed with costs.

The applicant, a former business seller, sought relief against the respondents for fraudulent conveyance and oppression.

The original purchaser (216) defaulted on payments, leading to a default judgment against it.

Subsequently, the principal of 216, through his wife (Hee Kyung Shin), incorporated a new company (222) which took over the business and assets from 216 without consideration, while 216 was stripped of value.

The court found several "badges of fraud" surrounding the transfer of the business, indicating an intent to defraud creditors.

The court also determined that the actions of the officers and directors of 216 and 222 were oppressive and unfairly prejudiced the applicant as a creditor.