R. Watson

The case management judge issued directions regarding multiple related actions.

The court ordered the sale of two vehicles held by a bailiff, with proceeds to be paid into court.

The court also set a timetable for a motion under Rule 60.12 to determine whether the respondent should be permitted to continue participating in the proceedings due to his failure to pay previous costs awards.

Other requests for relief by the respondent were deferred pending the outcome of the Rule 60.12 motion.

The applicant brought an application in Barrie seeking a declaration that a property transfer between the respondent husband and wife in Port Dover was a fraudulent conveyance.

The respondents argued the application was brought in the wrong jurisdiction and should proceed as an action.

The court stayed the proceeding, finding that under Rule 13.1.01(3) the matter relates to a mortgage and must be heard in the Central South Region where the property is located.

The court also directed that the application be converted to an action, as the subjective intent of the parties in transferring the property is a material fact in dispute requiring credibility determinations.

Following the dismissal of the plaintiffs' motion for summary judgment due to procedural and legal irregularities, the court determined the costs of the motions.

Although there was mixed success on other minor procedural issues, the defendant was the successful party on the most significant request.

The court awarded the defendant costs on a partial indemnity basis, fixed at $3,882.82 inclusive of HST and disbursements.

The plaintiffs brought a motion for summary judgment seeking the proceeds of a property sale, relying on a separation agreement between the deceased and the defendant.

The defendant argued the agreement was signed under duress.

The court dismissed the plaintiffs' motion for summary judgment because the notice of motion failed to comply with Rule 37.06 by not specifying the rules relied upon, and lacked a proper evidentiary record for either a Rule 20 or Rule 21 motion.

The court also struck the defendant's counterclaim with leave to amend to properly plead the request to set aside the separation agreement.