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CPL

Nedaneg Financial Corporation v. Talebzadeh 2025 Ont SCJ

Creditor had a consent judgment against debtor. After the judgment, the debtor’s wife, son, and non-arms length corporation bought real properties. The creditor alleged that the debtor beneficially owned the properties and moved for a certificate of pending litigation (CPL). The associate judgment dismissed the motion. The Superior Court judge granted the appeal and allowed the CPL. The judge held that the associate judge failed to account for the constellation of facts typical of machination that debtors pursue to avoid paying a judgment – using layers of different entities and related individuals and corporations to shield them from judgment creditors while the debtors continue to carry on business.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.