Robert Cohen

The Estate of William Waters sought the return of over $30 million advanced by the deceased to his wife's personal support worker, Gillian Henry, over a ten-year period.

The Estate argued the funds were investments held on resulting trust, while Henry maintained they were gifts made during a secret intimate relationship.

The court found that the deceased, a sophisticated businessman, intended most of the advances as gifts, except for funds invested in a horse stable business (King of Hearts), which were held on resulting trust.

The court also found that the deceased improperly gifted $2.85 million of his incapacitated wife's money to Henry, which constituted unjust enrichment and must be returned.

Henry's counterclaim for sexual battery was dismissed due to lack of credibility and absence of corroboration required under the Evidence Act.

The defendants brought a motion under Rule 49.09 to enforce an alleged settlement agreement between themselves, the plaintiffs, and the third parties regarding the sale of a franchise business.

The court found that the communications between counsel, including an unsigned draft Minutes of Settlement, amounted only to a framework or an agreement to agree, particularly since the third parties had not committed to purchasing the assets.

The motion to enforce the settlement and for injunctive relief against the plaintiff was dismissed.

The plaintiff, a Canadian distributor, brought an action against the defendants following the repudiation of a distribution agreement during US Chapter 11 bankruptcy proceedings.

The defendants obtained a temporary restraining order from the US Bankruptcy Court enjoining the Canadian action.

The plaintiff then brought a motion in Ontario seeking to enforce an alleged undertaking made by the defendants to the US court to bring a motion to stay the Canadian action.

The Ontario Superior Court of Justice dismissed the motion, finding it premature and noting that the US court had already considered the issue and was the appropriate forum to determine its own jurisdiction, emphasizing principles of comity in cross-border insolvencies.

The appellants appealed a Registrar's order requiring a family farming corporation to disclose documents and its directors to submit to examinations under the Bankruptcy and Insolvency Act.

The trustee sought the information to value the bankrupt's shares in the corporation.

The appellants argued the trustee's access should be limited to shareholder rights under the OBCA.

The court dismissed the appeal, finding the trustee is entitled to information relevant to valuing the shares and that there is no conflict between the BIA and directors' duties under the OBCA.

The court granted the trustee's cross-appeal, holding the Registrar lacked authority to order written interrogatories in lieu of an oral examination under s. 163 of the BIA, and awarded costs to the trustee.