Case information
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37160
A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. v. Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc.
(Ontario) (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) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C57879, 2016 ONCA 406, dated May 30, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-12-22 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-11-28 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-11-28 | Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga | |
| 2016-10-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-10-11, (Electronic version filed on 2016-10-11) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-09-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-29) | Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc. |
| 2016-09-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-09-29, (Electronic version filed on 2016-09-29) | Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc. |
| 2016-09-12 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2016-09-12, (Printed version filed on 2016-09-12) | Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc. |
| 2016-08-31 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-08-31, (Printed version filed on 2016-08-31) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-08-31 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2016/08/31 | |
| 2016-08-30 | Notice of name, (Letter Form), (Electronic version filed on 2016-08-30) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-08-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-30) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-08-30 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2016/10/17, Completed on: 2016-10-17, (Electronic version filed on 2016-08-30) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
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 |
|---|---|---|
| A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc. | Respondent | Active |
Counsel
Party: A. Farber & Partners Inc., the Trustee of the Bankruptcy Estates of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc.
Counsel
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 369-7399
FAX: (416) 862-7661
Email: patrick.shea@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Morris Goldfinger, Goldfinger Jazrawy Diagnostic Services Ltd., Summit Glen Bridge Street Inc., Mahvash Lechcier-Kimel, Annopol Holdings Limited and Summit Glen Brantford Inc.
Counsel
20 Adelaide Street East
Suite 1100
Toronto, Ontario
M5C 2T6
Telephone: (416) 361-2400
FAX: (416) 361-1560
Email: mjn@mjnlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
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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.
Bankruptcy and insolvency – Oppression remedy – Unjust enrichment – Trustee seeking to set aside certain transactions arising out of settlement, alleging that transactions are oppressive under s. 248 of the Ontario Business Corporations Act, R.S.O. 1990, c. B.16, and constitute unjust enrichment – Whether a payment that is unfair, improper and contrary to public policy can be retained because: (i) there is an agreement that rationalizes the payment; and (ii) there is a reasonable expectation that the payment will be made – Whether the proper focus for the test for oppression on the basis that corporate conduct “unfairly prejudices” is focused on the primacy of the intent and motivations of the corporate actor rather the impact of the actions on protected stakeholders.
Dr. Morris Goldfinger invested several million dollars in the development of real estate properties by Jack Leichcer-Kimel. The companies to which Goldfinger advanced money included Annopol. The business relationship eventually broke down. Goldfinger threatened Kimel’s companies with litigation and receivership. Goldfinger and Kimel began settlement negotiations and in 2008 negotiated a dissolution of their business relationship. As part of settlement, Goldfinger received $2.5 million from Annopol. Kimel’s two other companies granted Goldfinger mortgages over their respective properties. Annopol, which held mortgages over the same properties, agreed to subordinate its security in favour of Goldfinger.
In 2010, Annopol and Kimel’s two other companies were adjudged bankrupt. The trustee in bankruptcy challenged the payments by Annopol to Goldfinger as: transfers at undervalue contrary to s. 96 of the Bankruptcy and Insolvency Act, R.S.O. 1990, c. B.16; unjust preferences under s. 4 of the Assignments and Preferences Act, R.S.O. 1990, c. A.33; fraudulent conveyances under s. 2 of the Fraudulent Conveyances Act, R.S.O. 1990, c. F.29; oppressive under s. 248 of the Ontario Business Corporations Act, R.S.O. 1990, c. B.16; and an unjust enrichment. The trustee further challenged the subordination of mortgage security as oppressive.
Lower court rulings
Ontario Superior Court of Justice
10-8629-00CL, 2013 ONSC 6635
Preferences application by trustee in bankruptcy dismissed
Court of Appeal for Ontario
C57879, 2016 ONCA 406
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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
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