Allegations of sham corporate transactions to strip assets and swap corporate identities to evade recovery on a prior claim.
Claims involve piercing the corporate veil to recover against Boucher, Boudreau, and their entities.
Defense Argument:
Asserted that the limitation period had expired.
Argued that the respondents knew or should have known about the facts before February 2018.
Respondents' Argument:
Claimed their application was filed within two years of discovering the cause of action.
Alleged that the reorganization was concealed and aimed at evading liability.
Evidence Submitted:
Moving Parties:
Affidavits from Lindsay Corey and Brittney Durnford.
Respondents:
Affidavit from Scott Johnson.
Key Events and Dates:
Initial lawsuit in 2010 against AFL Tank Manufacturing Ltd.
Corporate reorganization between 2010-2016.
Discoveries and document disclosures revealing changes in corporate structure.
Judge's Findings:
The judge acknowledged the complexity and historical changes in corporate entities.
Determined that a genuine issue of material fact exists regarding when the claim was discoverable.
Motion for summary judgment was dismissed, allowing the matter to proceed to trial.
Conclusion:
The motion for summary judgment was denied.
The case will continue to trial to resolve the factual disputes regarding the discoverability of the claim and the intention behind the corporate restructuring.
The document did not provide a specific monetary award or costs ordered in this particular decision.