Overview:

• Plaintiffs (Darren, May, and Andrea McConaghy) sought summary judgment against corporate and individual defendants linked to a construction loan scheme involving three properties.
• Defendants included Hetti Group Inc., Sugi Financial Services Inc., and individual stakeholders like Lance Hettiarachichi and Roy Da Silva.
• The case was part of 13 related actions regarding misappropriated funds in a syndicated construction loan arrangement.

Key Legal Issues:

1. Existence of Genuine Issues for Trial: The court determined there were none for the corporate defendants but identified limitations issues for the individual defendants.
2. Limitation Period Expiry: The court ruled the plaintiffs' claim against Lance and Roy was barred by Ontario’s two-year limitation period.

Court Findings:

• Corporate Defendants: Summary judgment granted for $300,000 plus 12% interest annually against Hetti Group Inc., Sugi Financial Services Inc., and Jose Suguitan.
• Fraud Declaration: Damages caused by corporate defendants were declared fraudulent and survive bankruptcy.
• Individual Defendants (Lance and Roy): Motion dismissed due to the limitation period expiring before they were added to the claim in 2024, even though evidence of misappropriation was available in 2018.

Disposition:

• Plaintiffs succeeded against corporate defendants but failed to hold Lance and Roy liable due to procedural timing.
• Costs submissions invited if parties cannot agree.