Application suffered from ambiguity and lack of clarity

Ontario civil | Civil Practice and Procedure | Commencement of proceedings | Originating notice, summons or application

Dispute arose between parties with respect to transfer of trust assets. According to agreement, assets held by respondents were to be transferred to applicants. Respondents made certain loans in United States. Respondents took position that assets relating to those loans were extinguished by judgment made in Colorado court against respondents and that those assets were no longer capable of being transferred to applicants. Applicants commenced application for determination of parties’ obligations under agreement. Applicants contended that their position could be made out on admissions made in Colorado proceedings. Respondents brought motion for order converting application into action. Motion granted. Application suffered from ambiguity and lack of clarity. Applicants were seeking more than declaration and were also making serious allegations of misconduct. Some of relief sought did not fall readily into provisions of Rule 14 of Ontario Rules of Civil Procedure. Case would benefit greatly from proper pleadings and discovery. Significant sum of money was at stake and serious allegations were raised by applicants with respect to honesty and good faith of respondents. There were likely to be material facts in dispute on central issues. Full evidentiary record of action was required.

Seabrook v. Pantrust (2018), 2018 CarswellOnt 15452, 2018 ONSC 5471, S. Nakatsuru J. (Ont. S.C.J.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights