Kapelus v. Milly
Gordon Alexander Kapelus
Law Firm / Organization
Unrepresented
Jeannine Marie Kapelus
Law Firm / Organization
Unrepresented
Janalex Investments Ltd.
Law Firm / Organization
Unrepresented
Francois Milly
Law Firm / Organization
Mackoff Mohamed
Prop A Lot Rental & Design Inc.
Law Firm / Organization
Mackoff Mohamed

Key Points:

  1. Nature of Dispute:

    • The dispute involved Kapelus advising Milly he was not obliged to repay a line of credit.
    • Kapelus persuaded Milly to transfer nearly $500,000 to a corporation controlled by the defendants.
    • Plaintiffs sought the return of this money, which was not repaid.
  2. Supreme Court Decision:

    • The defendants failed to comply with discovery obligations.
    • Justice Milman struck the defendants’ pleadings due to their non-compliance.
    • Defendants were ordered to pay:
      • $641,955.71 in pecuniary damages
      • $30,000 in aggravated damages
      • $70,000 in punitive damages
  3. Appeal Process:

    • Defendants failed to advance their appeal.
    • No steps taken to prosecute the appeal after the amended notice was filed.
    • The appeal was dismissed as abandoned due to procedural failures and lack of merit.
  4. Court of Appeal's Findings:

    • Defendants did not produce necessary documents or comply with court orders.
    • Multiple appeals and applications were made by defendants but were either dismissed or abandoned.
    • The appeal was deemed devoid of merit, and the appellants demonstrated no bona fide intention to proceed.
  5. Final Ruling:

    • The appeal was dismissed as abandoned by all three justices.
    • The pattern of conduct by the appellants was considered abusive and obstructive.
Court of Appeals for British Columbia
CA48548
Civil litigation
$ 741,956
Respondent