Case information
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40553
Daniel F. O'Connor v. Ezio Giancristofaro, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-12-15 | Close file on Leave | |
| 2023-12-15 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2023-12-05 | Certificate of taxation issued to, Ezio Giancristofaro | |
| 2023-12-05 | Decision on the bill of costs, in the amount of $1,754.59, Reg | |
| 2023-12-05 | Submission of the bill of costs, Reg | |
| 2023-09-01 | Bill of costs, Completed on: 2023-12-15 | Ezio Giancristofaro |
| 2023-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-24 | Judgment on leave sent to the parties | |
| 2023-08-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029576-212, 2022 QCCA 1544, dated November 11, 2022 is dismissed with costs. Dismissed, with costs |
|
| 2023-07-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-26 | Supplemental document, SUP01 - Response - Volume IV | Ezio Giancristofaro |
| 2023-01-27 | Certificate (on limitations to public access), 23A | Ezio Giancristofaro |
| 2023-01-27 | Respondent's response on the application for leave to appeal, (Book Form), (3 volumes), Completed on: 2023-01-31 | Ezio Giancristofaro |
| 2023-01-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-01-18 | |
| 2023-01-10 | Certificate (on limitations to public access), 23A | Daniel F. O'Connor |
| 2023-01-10 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2023-01-10, (Printed version due on 2023-01-17) | Daniel F. O'Connor |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| O'Connor, Daniel F. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Giancristofaro, Ezio | Respondent | Active |
| Malobabic, Branislava | Respondent | Active |
Counsel
Party: O'Connor, Daniel F.
This party is not represented by counsel.
Party: Giancristofaro, Ezio
This party is not represented by counsel.
Party: Malobabic, Branislava
This party is not represented by counsel.
Summary
Keywords
Judgments and orders — Execution — Paulian Action — Successful oppression claim granted in favour of creditor in 2018 — Creditor awarded damages in lieu of transfer of shares as originally claimed — Creditor alleging fraudulent transfer of immovable by debtor in 2010 to shield asset from eventual seizure — Courts below dismissing claim on basis of relief granted being monetary in nature and on basis of no intent to defraud — Whether application for leave to appeal raises an issue of public importance.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
After a 12 year legal battle, the applicant, Mr. O’Connor, was partly successful at trial in an oppression application awarding him damages in the amount of $350,000 against the respondent Ms. Malobabic. Unable to execute the oppression judgment, he instituted a Paulian Action against Ms. Malobabic and her spouse, the respondent Ezio Giancristofaro. Since 2010, Mr. Giancristofaro is the full owner of an immovable property; though initially a part owner, Ms. Malobabic transferred her 50% share of the immovable to him. A successful Paulian Action requires the showing of injury sustained by a creditor through the juridical act of a debtor in fraud of the creditor’s rights. Mr. O’Connor alleges that Ms. Malobabic’s transfer in 2010 was effected with an intent to defraud him — that is, to render herself insolvent and to isolate her sole asset from her creditors. The courts below disagreed, and dismissed Mr. O’Connor’s claim.
Lower court rulings
Superior Court of Quebec
2021 QCCS 2168, 500-11-056049-196
Paulian Action dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 1544, 500-09-029576-212
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available