Court File and Parties

COURT FILE NO.: CV-21-00656686-0000

DATE: 20210312

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: WED INVESTMENTS LIMITED Applicant

AND:

SHOWCASE WOODYCREST INC. and SHOWCASE DEVELOPMENTS INC. Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: S. Schwartz, and D. Marr for the Applicant

M. Klaiman, for the Respondents

HEARD: By Telephone conference

ENDORSEMENT

[1] The Applicant brings this Application for a Declaration that the charge registered as Instrument No. DR1958743 on the property known municipally as 3775 Brock Street North, Whitby, Ontario is void. The charge was registered on December 23, 2020. The Applicant takes the position that the Respondents registered the charge with the intent to defeat the Applicant of its ability to enforce its claim against the Respondents. The Respondents take the position that there were valid reasons for registering the charge and the charge was not registered to defeat the Applicant’s ability to enforce its claim.

[2] The Applicant proposes that the hearing proceed by remote oral hearing. By endorsement of Justice Myers dated February 10, 2021, he noted that no consensual schedule has been agreed to between the parties. He convened a case conference to assist the parties to schedule an efficient and affordable process.

[3] On the case conference today, counsel for the Applicant states that the Application involves a discrete issue. For his part the facts are straightforward. Counsel for the Respondent agrees that the Application involves a discrete issue, but it is his position that there is a factual dispute with respect to the reason the charge was registered on title. The factual dispute will involve credibility issues. He argues that it is more appropriate to have the matter heard as a trial of an issue.

[4] The Respondents have not yet delivered their Record and as a result I do not have a full appreciation of all the factual issues. Although I do not have the benefit of the Respondents’ material, I am satisfied that the issue of whether a charge is void as a fraudulent conveyance is the type of matter that may be heard by way of Application.

[5] I direct that the matter proceed by way of Application. This direction is based on the information before me today. On the hearing of the Application, the presiding judge may order that the whole Application or any issue proceed to trial, pursuant to R. 38.10(1) of the Rules of Civil Procedure.

[6] The Application is scheduled for July 7, 2021 for a half-day and will be by remote oral hearing. The parties must advise the Motions Co-ordinator by e-mail to LongMotionsStatus.Judge@ontario.ca 30 days prior to the Application hearing date about the status of the Application, including the names, telephone numbers, and e-mail addresses of counsel for all parties and non-parties participating in the proceeding and for all others who are representing themselves.

[7] The parties agree to co-operate in establishing a timetable for the Application. If the parties require any assistance in this regard, they may request a further case conference before me.

DATE: MARCH 12, 2021