The plaintiff brought a motion for various relief in two related actions involving an alleged improvident sale under a power of sale and a subsequent alleged fraudulent conveyance of another property.
The court granted leave to amend the statement of claim, consolidated the actions, granted relief from the deemed undertaking rule, and awarded partial summary judgment for reinvestment costs improperly retained by the defendant.
However, the court declined to issue a certificate of pending litigation because the property had recently been transferred to an apparent arm's-length purchaser, though it did so without prejudice to future motions.
