Summary judgment to enforce intra-family loan denied due to credibility issues; focussed trial ordered.
The plaintiff brought a motion for summary judgment in a civil proceeding to enforce an alleged intra-family loan of $105,798.75 against his brother and sister-in-law.
The sister-in-law, who was engaged in family law proceedings against the brother, opposed the motion and brought a cross-motion to add the plaintiff and his corporation to the family law matter, alleging the loan was fabricated to shield assets from equalization.
The court dismissed the summary judgment motion, finding genuine issues of credibility regarding the source of the funds and the brothers' intertwined finances.
The court also dismissed the cross-motion to add parties, instead ordering a focussed trial under the Family Law Rules to determine the validity of the loan, while staying the civil action.
Hussain v. Munir, 2026 ONSC 2676
