Stephen Kelly

The plaintiff brought a motion for leave to amend its statement of claim to add allegations of fraudulent conveyances and unjust preferences concerning a condominium unit in Toronto.

The plaintiff sought to establish that certain instruments and an underlying alter ego trust created between May and August 2024 were fraudulent conveyances designed to defeat creditors.

The plaintiff was enforcing three Greek judgments totaling approximately 700,000 euros against the defendants.

The court applied the three-part test for certificates of pending litigation and found that the plaintiff established a high probability of success on the underlying action, sufficient evidence of badges of fraud to create a triable issue, and that the balance of convenience favoured issuance of the certificate.

The court granted leave to amend and awarded costs to the plaintiff.

The defendant municipality brought a motion for summary judgment dismissing the plaintiff’s claim relating to alleged failure to enforce a subdivision agreement against neighbouring property owners who had deposited fill.

The court considered the two‑year limitation period under the Limitations Act, 2002 and the discoverability principles.

The court held that the plaintiff knew or ought to have known the material facts giving rise to the claim by 2007 and therefore the 2012 action was commenced well outside the limitation period.

The court also found that the municipality owed no duty to the plaintiff to commence proceedings against the neighbouring property owners and had reasonably exercised its discretion in declining to do so.

Summary judgment was granted dismissing the action.