COURT OF APPEAL FOR ONTARIO
Rosenberg, MacPherson and LaForme JJ.A.
BETWEEN:
Karen Ellen Kazarian in her personal capacity and in her capacity as Estate Trustee of the Estate of Gerard Ernest Hird, Julie-Anne Louise Cook and Jocelyn Reid Ferguson Murray Murdoch
Plaintiffs (Respondents)
And
Claire Anita Fraser also known as Clare Anita Fraser, Cayman National Bank Ltd. and Cayman National Securities Ltd.
Defendants (Appellants)
Counsel: Robert P. Budgell, for the appellant, Claire Anita Fraser David J. H. Jackson, for the respondents
Heard and endorsed: November 3, 2010 On appeal from the judgment of Justice David S. Crane of the Superior Court of Justice dated July 29, 2009.
APPEAL BOOK ENDORSEMENT
1The trial judge applied the correct test for piercing the corporate veil in the context of a family law case: see Wildman v. Wildman. Given the findings of fact, the trial judge was right to set aside the transaction under s. 2 of the Fraudulent Conveyance Act.
2Accordingly, the appeal is dismissed.
3As to the cross-appeal, Ms. Fraser admitted in cross-examination that she took the $8,000 following the death of Mr. Hird. That money was an asset of the estate.
4Accordingly, the cross-appeal is allowed.
5The respondents are entitled to their costs which are fixed at $15,000 inclusive of disbursements and applicable taxes.