Court of Appeal upholds decision voiding mortgages as fraudulent conveyance
Justin Necpal acted for judgment creditors in an appeal concerning the validity of mortgages taken by the defendants’ law firm after a multimillion-dollar trial judgment
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The latest news from Necpal Litigation
Commercial List sets aside law firm’s mortgages
Justin Necpal acted for judgment creditors in obtaining a declaration that a U.S. law firm’s mortgages against the debtors’ real estate assets were void under provincial fraudulent conveyances and preferences legislation
Commercial List invalidates sham trusts in complex fraud recovery case
Justin Necpal acted for creditors in obtaining a declaration that the fraudsters’ purported family trusts were shams. The decision made millions of dollars of real estate assets available to creditors
Commercial List denies leave to commence derivative action in Ontario marina shareholder dispute
Justin Necpal acted for Paragon Marina in resisting a shareholder’s motion to commence a derivative action in the company’s name under the Business Corporations Act
Commercial List denies allowance for debtors In investigative receivership
Necpal Litigation acted for creditors in terminating the debtors’ interlocutory allowance for legal and living expenses
Law Times, March 16, 2020
Justin Necpal offers free legal advice and representation to small businesses, tenants and employees affected by COVID-19
Commercial List denies Mareva injunction from the bench, awards client substantial indemnity costs in complex real estate action
Justin Necpal acted for an executive officer and her holding companies in demonstrating that there was no evidence of fraudulent conduct to warrant an asset freeze order. The motion judge dismissed the plaintiffs’ motion from the bench. In addition, due to the serious nature of the allegations, our clients were awarded their legal costs on a substantial indemnity basis
Court of Appeal upholds trial decision in favour of client physician
Justin Necpal and Anisah Hassan acted for Dr. Jocelin Desjardins-McLeod, an addiction treatment physician, both at trial and on appeal, in a case concerning the contractual doctrine of frustration in a non-compete context
Trial win for client physician in non-compete case
Necpal Litigation acted for the defendant physician in a five-day trial concerning a non-competition claim in the addiction medicine business. The trial judge found that the revenue-sharing agreement between the plaintiff business and our client, and specifically the non-competition clause it contained, had been frustrated by merger-related developments in the plaintiff’s business
Court stays Ontario proceeding in client’s successful jurisdiction challenge
Necpal Litigation acted for a Saskatchewan-based healthcare business in demonstrating that Ontario would not be a convenient forum for the plaintiff’s non-competition claims under an expired franchise agreement
Law Times, November 12, 2018
“Decision highlights how spouse is defined” – Justin Necpal comments on decision clarifying the definition of “spouse” under the Insurance Act
Court of Appeal upholds decision striking claim against client developers
Justin Necpal and Jonathan Roth acted for Starwood Energy and related infrastructure developers in striking a subcontractor’s claim of unjust enrichment