Shatkowsky v. King Rae Investments Inc., (1997) 39 O.T.C. 318 (GD)

• Judge: Somers, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: July 25, 1997
• Jurisdiction: Ontario
• Citations: (1997), 39 O.T.C. 318 (GD)

Shatkowsky v. King Rae Inv. Inc. (1997), 39 O.T.C. 318 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. SE.116

Pauline Shatkowsky (applicant) v. King Rae Investments Inc. (respondent)

(Court File No. 97-CV-128108)

Indexed As: Shatkowsky v. King Rae Investments Inc.

Ontario Court of Justice

General Division

Somers, J.

July 25, 1997.

Summary:

An applicant transferred a property to her son, who held the property as a bare trustee. The respondent registered an execution for $822,955.96 against the applicant's son. The applicant applied under rule 14.05(3)(a) of the Rules of Civil Procedure to temporarily lift the execution in order to transfer the title of the property to her grandson.

The Ontario Court (General Division) held that rule 14.05(3) did not allow the court to grant the relief sought. The court ordered that there be a trial of the issue.

Execution - Topic 476

General rules - Stay of execution - General - See paragraphs 1 to 7.

Practice - Topic 3073

Applications and motions - Applications - Jurisdiction - See paragraphs 1 to 7.

Statutes Noticed:

Rules of Civil Procedure (Ont.), rule 14.05(3)(a) [para. 2].

Counsel:

Howard L. Shankman, for the applicant;

Carol A. Bargman, for the respondent.

This application was heard before Somers, J., of the Ontario Court (General Division), whose following judgment was delivered orally on July 25, 1997 and released on September 8, 1997.