Stepmar Holdings Ltd v Aydin
Stepmar Holdings Ltd.
Law Firm / Organization
McMahon Law
Lawyer(s)

John Peter McMahon

1990208 Alberta Ltd.
Law Firm / Organization
McMahon Law
Lawyer(s)

John Peter McMahon

Marco DeGregorio
Law Firm / Organization
Bennett Jones LLP
Stephanie DeGregorio
Law Firm / Organization
Bennett Jones LLP
Ebru Aydin
Law Firm / Organization
Miller Thomson LLP
Ebru Aydin
Law Firm / Organization
Miller Thomson LLP
Pino DeGregorio
Law Firm / Organization
Young Law Office
Lawyer(s)

Hu Eliot Young

Gino DeGregorio
Law Firm / Organization
Not Specified
Stepmar Holdings Ltd.
Law Firm / Organization
McMahon Law
Lawyer(s)

John Peter McMahon

  • Background and Parties:

    • Legal actions involved Stepmar Holdings Ltd., 1990208 Alberta Ltd., and individuals from the DeGregorio family against Ebru Aydin.
    • Key issues included the removal of a lis pendens on property and a declaration regarding share ownership held in trust.
  • Property and Legal Actions:

    • The dispute centered on four parcels of land and shares in several companies, including a contention that certain shares were held in trust for Marco and Stephanie DeGregorio.
  • Court Findings and Decisions:

    • Trust Issue: The court concluded that no trust was established for Marco and Stephanie DeGregorio's benefit, despite claims of a promissory note and other agreements suggesting such arrangements. The evidence did not support the existence of a legally recognized trust.
    • Certificate of Lis Pendens: Ebru Aydin's registration of a lis pendens was challenged. The court ordered its discharge, finding that Aydin's family property claim did not entitle her to encumber the properties owned by Stepmar Holdings and 199.
  • Outcome:

    • Stepmar Holdings Ltd and 1990208 Alberta Ltd were successful in their application to remove the certificate of lis pendens against the parcels of land, as the court found no direct claim or interest by Ebru Aydin (Pino's estranged wife) that would justify the certificate under the Family Property Act.
    • The certificate of lis pendens filed by Ebru Aydin was discharged, allowing for the removal of the claim from the property titles.
    • Marco and Stephanie DeGregorio's application for a declaration that shares were held in trust for them was dismissed.
    • The document did not specify costs awarded.
Court of King's Bench of Alberta
2301 14294; 2303 04688
Real estate
Applicant