Conrad, Merzetti v. Arichat Metals et al
Arichat Metal Fabrication Ltd.
John Boudreau
Leslie J. Conrad
Law Firm / Organization
Cox & Palmer
Edwin Conrad
Law Firm / Organization
Cox & Palmer
Dan Merzetti
Law Firm / Organization
Cox & Palmer
Sherry Merzetti
Law Firm / Organization
Cox & Palmer
Gregory Boucher
Law Firm / Organization
Burchell MacDougall Lawyers LLP
Lawyer(s)

Adam Harris

1766134 Nova Scotia Limited
Law Firm / Organization
Burchell MacDougall Lawyers LLP
Lawyer(s)

Adam Harris

Key Points of the Case:

  1. Claim Details:
    • Filed on February 7, 2020.
    • 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.
  2. Defense Argument:
    • Asserted that the limitation period had expired.
    • Argued that the respondents knew or should have known about the facts before February 2018.
  3. 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.
  4. Evidence Submitted:
    • Moving Parties:
      • Affidavits from Lindsay Corey and Brittney Durnford.
    • Respondents:
      • Affidavit from Scott Johnson.
  5. 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.
  6. 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.

 

Supreme Court of Nova Scotia
496393
Corporate & commercial law
Respondent