Ronald Allen

The applicants sought to compel Voreon Inc. to comply with a 2016 Settlement Agreement requiring the transfer of shares in Eminence Living Inc. and Higher Living Development Inc. The court reviewed the complex business history, the terms of the Settlement Agreement, and the impact of ongoing related proceedings, including the PSA Action and the Kayzan Distribution Application.

The court determined that the relief sought could not be granted at this time due to the unresolved status of these related proceedings and ordered that the application be heard contemporaneously with or immediately following the PSA Action.

Costs were awarded to Voreon.

The applicants sought a declaration that their default judgment against the respondent survived his bankruptcy discharge under s. 178(1)(d) of the Bankruptcy and Insolvency Act.

The judgment arose after the respondent's real estate lawyer mistakenly paid him sale proceeds that were supposed to be held in trust to discharge a mortgage.

The respondent misappropriated the funds, spent them on personal items, and later declared bankruptcy without listing the applicants as creditors.

The court granted the application, finding that the respondent acted in a fiduciary capacity regarding the mistakenly received trust funds and that his misappropriation meant the debt survived his bankruptcy.