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:
- Should default judgments against Luba and Samuel Harris be vacated?
- Was the $2 million transferred to William Harris a fraudulent conveyance?
- Should Plaintiffs be granted summary judgment against William Harris’s estate?
- Can Plaintiffs amend their pleadings to allege conspiracy?
- 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.