Case information
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40113
Eugene Bokserman, et al. v. Midland Resources Holding Limited
(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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, See decision on application , The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69468, 2022 ONCA 73, dated January 28, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-08-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-02 | Certificate (on limitations to public access), 23A | Midland Resources Holding Limited |
| 2022-06-02 | Notice of name | Midland Resources Holding Limited |
| 2022-06-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-03) | Midland Resources Holding Limited |
| 2022-05-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 05/04/22 | |
| 2022-03-23 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-03-30) | Eugene Bokserman |
| 2022-03-23 | Notice of name, (Letter Form), (Printed version due on 2022-03-30) | Eugene Bokserman |
| 2022-03-23 |
Application for leave to appeal, (Book Form), Missing: CA Order (electronic copy rec'd 2022-05-04, paper copy rec'd 2022-05-06), Completed on: 2022-05-20, (Printed version filed on 2022-03-25) |
Eugene Bokserman |
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 |
|---|---|---|
| Bokserman, Eugene | Applicant | Active |
| Krasnov, Elena | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Midland Resources Holding Limited | Respondent | Active |
Counsel
Party: Bokserman, Eugene
Counsel
181 University Avenue
Suite 1800
Toronto, Ontario
M5H 3M7
Telephone: (416) 601-9279
FAX: (416) 364-6579
Email: gmsidlofsky@wagnersidlofsky.com
Party: Krasnov, Elena
Counsel
181 University Avenue
Suite 1800
Toronto, Ontario
M5H 3M7
Telephone: (416) 601-9279
FAX: (416) 364-6579
Email: gmsidlofsky@wagnersidlofsky.com
Party: Midland Resources Holding Limited
Counsel
Kayla Theeuwen
66 Wellington Street West, Suite 4100
P.O. Box 35, Toronto-Dominion Centre
Toronto, Ontario
M5K 1B7
Telephone: (416) 947-5028
FAX: (416) 365-1876
Email: kprehogan@weirfoulds.com
Summary
Keywords
Civil Procedure — Summary judgment — Motion for summary judgment granted — Whether the test for summary judgment as formulated in Hryniak v. Mauldin, 2014 SCC 7, requires reconsideration or modification when applied in cases involving a reverse onus, and specifically claims for fraudulent conveyance — Whether additional guidance is required from this Court to assist lower courts in applying the test for summary judgment in fraudulent conveyance cases and fraud cases generally.
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.
The applicants, Mr. Bokserman and Ms. Krasnov, transferred their family home from joint tenancy in both of their names to Ms. Krasnov alone. The respondent had a judgment for $1.5 million against Mr. Bokserman. The respondent started a fraudulent conveyance action against Mr. Bokserman and Ms. Krasnov after discovering that the transfer of title had occurred. The respondent’s motion for summary judgment was granted. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 3077, CV-18-595745
Respondent’s motion for summary judgment granted with costs
Court of Appeal for Ontario
2022 ONCA 73, C69468
Appeal dismissed with costs
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.
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
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Related links
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
Not available