Summary

40592

Brian Wayne Flight c.o.b as Heritage Painters & Services, et al. v. Julie Leblanc

(Ontario) (Civil) (By Leave)

Keywords

Bankruptcy and insolvency — Limitation of actions — Whether respondent entered into payment plan — Whether respondent’s counsel agreed to toll limitation period — When bankrupt’s limitation period for fraud and fraudulent misrepresentation commenced — Whether bankrupt’s limitation period is tolled where respondent entered into payment plan and respondent’s counsel agreed to toll limitation period.

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.

In September 2019, while an undischarged bankrupt, Brian Flight and his spouse, Amber Flight, commenced an action against Julie Leblanc, Mr. Flight’s former spouse. The Flights sought summary judgment against Ms. Leblanc in the amount of $180,000; Ms. Leblanc opposed the motion and requested summary judgment of the claim on the basis that it was statute-barred.

In September 2020, the Flights’ trustee in bankruptcy commenced a similar action against Ms. Leblanc, although it did not include any claims for personal injuries.

The motion judge granted Ms. Leblanc’s cross-motion for summary judgment and dismissed the action. She denied the Flights’ request for summary judgment. The Court of Appeal dismissed the Flights’ appeal.

Lower Court Rulings

February 18, 2022
Ontario Superior Court of Justice

2022 ONSC 4360, CV-19-00001888-0000
Ms. Leblanc’s cross-motion for summary judgment granted; action dismissed; the Flights’ motion for summary judgment dismissed
November 30, 2022
Court of Appeal for Ontario

2022 ONCA 831, C70410
Appeal dismissed
 

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