Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41564
In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario v.
(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) |
|---|---|---|
| 2025-04-22 | Close file on Leave | |
| 2025-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-17 | Judgment on leave sent to the parties | |
| 2025-04-17 |
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 for Ontario, Number COA-23-CV-1085, 2024 ONCA 711, dated September 27, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-03-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-01-20, (Printed version filed on 2025-01-22) | In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario |
| 2025-01-08 | Notice of name, (Printed version filed on 2025-01-09) | Grant Thornton Limited, in its capacity as Court- Appointed Trustee in Bankruptcy of the Estates of AP Private Equity Limited and Aiden Pleterski |
| 2025-01-08 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-01-09) | Grant Thornton Limited, in its capacity as Court- Appointed Trustee in Bankruptcy of the Estates of AP Private Equity Limited and Aiden Pleterski |
| 2025-01-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-08, (Printed version filed on 2025-01-09) | Grant Thornton Limited, in its capacity as Court- Appointed Trustee in Bankruptcy of the Estates of AP Private Equity Limited and Aiden Pleterski |
| 2024-11-27 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-11-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-11-28) | In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario |
| 2024-11-26 | Notice of name, (Letter Form), (Printed version filed on 2024-11-28) | In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario |
| 2024-11-26 | Application for leave to appeal, (Book Form), Completed on: 2024-11-26, (Printed version filed on 2024-11-28) | In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario |
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 |
|---|---|---|
| In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario | Applicant | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Grant Thornton Limited, in its capacity as Court- Appointed Trustee in Bankruptcy of the Estates of AP Private Equity Limited and Aiden Pleterski | Other | Active |
Counsel
Party: In the matter of the bankruptcy of Aiden Pleterski and AP Private Equity Limited of the Town of Whitby, in the Province of Ontario
Counsel
209 Dundas Street East, Suite 401
Whitby, Ontario
L1N 7H8
Telephone: (416) 446-3344
FAX: (416) 449-7071
Email: kelli.preston@devrylaw.ca
Party: Grant Thornton Limited, in its capacity as Court- Appointed Trustee in Bankruptcy of the Estates of AP Private Equity Limited and Aiden Pleterski
Counsel
Scott McGrath
100 Wellington Street West
Suite 3200
Toronto, Ontario
M5K 1K7
Telephone: (416) 304-0060
Email: lwilliams@tgf.ca
Summary
Keywords
Equity — Relief — Forfeiture — Must vendor in real estate transaction provide evidence damages were suffered in order to be entitled to forfeit of deposit — Can a court overlook damages suffered by vendor because property sold for higher price than contracted in breached agreement of purchase and sale — When considering test for relief from forfeiture, should there be a limitation on scope of commercial context considered to determine what is unconscionable?
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.
Mr. Pleterski and Mr. Murphy agreed to buy commercial property from 2649360 Ontario Inc. Mr. Pleterski paid a $500,000 deposit. He used funds obtained from investors in his cryptocurrency investment company, without their authority. Mr. Pleterski’s and his company were declared bankrupt. Grant Thornton Limited was appointed Trustee in Bankruptcy. It and Mr. Murphy refused to close the transaction. Grant Thornton Limited moved for relief from forfeiture of the deposit pursuant to s. 98 of the Courts of Justice Act, R.S.O. 1990, c. C.43. The Ontario Superior Court of Justice granted the motion. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
BK-22-00208582-OT-31
Relief from forfeiture of deposit granted
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