Brokop v 1378882 Alberta Ltd
Erwin Brokop
866565 Alberta Ltd.
1378882 Alberta Ltd.
Law Firm / Organization
Not Specified
William Harris
Law Firm / Organization
Caron & Partners LLP
Lawyer(s)

Dean Hutchison

Luba Harris
Law Firm / Organization
Thornborough Smeltz LLP
Lawyer(s)

Ravi Jadusingh

Samuel Harris
Law Firm / Organization
Thornborough Smeltz LLP
Lawyer(s)

Ravi Jadusingh

John Doe
Law Firm / Organization
Not Specified
ABC Corporation
Law Firm / Organization
Not Specified

Key Points:

  • Plaintiffs' Claims:
    • Plaintiffs are judgment creditors of 1378882 Alberta Ltd. for $2,242,750, a company controlled by Jon Harris (now bankrupt).
    • They seek to recover part of this amount from Jon Harris’s father (William Harris), ex-wife (Luba Okun-Harris), and son (Samuel Harris).
    • The Plaintiffs allege that a $2 million transfer to William Harris's account was a fraudulent conveyance and request that the funds be returned.
  • Issues:
    1. Should default judgments against Luba and Samuel Harris be vacated?
    2. Was the $2 million transferred to William Harris a fraudulent conveyance?
    3. Should Plaintiffs be granted summary judgment against William Harris’s estate?
    4. Can Plaintiffs amend their pleadings to allege conspiracy?
    5. Is William Harris entitled to summary dismissal?
  • Judgment:
    • Default judgments vacated: The court set aside default judgments against Luba and Samuel Harris, allowing them to defend the claims.
    • Summary judgment against William Harris denied: The court found no evidence that William Harris benefitted from or was involved in the fraudulent transaction.
    • Summary dismissal granted: The claims against William Harris’s estate were dismissed since the $2 million was traced back to Jon Harris and his company, with no benefit to William Harris.
    • Amendments: The court allowed amendments to the claims against Luba and Samuel but denied conspiracy allegations against William Harris’s estate.

Conclusion:

  • Luba and Samuel Harris may defend the claims.
  • William Harris’s estate is not liable for the alleged fraudulent transaction.

No monetary award specified for this specific decision.

Court of King's Bench of Alberta
1801 16539
Civil litigation
Defendant