Scott Pollock

The plaintiff sought leave to issue an alias writ of seizure and sale and a notice of garnishment against a judgment debtor who had changed his name and used multiple aliases to evade enforcement of a judgment.

The defendant had been convicted of mail and wire fraud in the United States, ordered to pay restitution, and subsequently deported to Canada where he fraudulently obtained a name change.

After locating the defendant in Niagara-on-the-Lake through investigative efforts, the plaintiff brought an ex parte motion for leave to issue enforcement mechanisms in the defendant's legal name and known aliases.

The court granted the motion, finding that the plaintiff had satisfied the low evidentiary threshold for leave and that it was in the interests of justice to permit enforcement against the defendant's aliases to prevent further evasion.

The National Bank of Canada sought summary judgment against personal guarantors, Rajendra Pahuja and Shanta Pahuja, for a defaulted loan to Centrestone Granite and Marble Inc. The Bank also claimed fraudulent misrepresentation against Mr. Pahuja for non-disclosure of a prior guarantee.

The defendants counterclaimed, alleging duress and non est factum regarding Ms. Pahuja's guarantee, and improvident actions by the court-appointed receiver.

The court granted summary judgment to the Bank, finding Mr. Pahuja liable for fraudulent misrepresentation and upholding Ms. Pahuja's guarantee, dismissing the defendants' claims of duress and non est factum.

The counterclaim regarding the receiver's actions was dismissed as res judicata.