29 May 2023
784773 Ontario Limited v Larkin
In the case of 784773 Ontario Limited v Larkin dated May 29, 2023, the plaintiff, 784773 Ontario Ltd., a land development company, filed a motion for summary judgment against the defendants, Michael Larkin and Larkin + Land Use Planners Inc. The case involved money admittedly misappropriated by the defendants while acting as trustees from 1995 to 2018 in relation to a cost-sharing agreement for the development of residential subdivisions in Newmarket, Ontario. The Plaintiff, together with two other developers, Ardree, and Lindvest, had retained the defendants as trustees to manage the funds according to the cost-sharing agreement.
The defendants collected funds from the parties and were expected to apply the funds to shared development costs. However, discrepancies were discovered in 2017, revealing that the defendants had misappropriated funds. The defendants tried to cover up their actions with a fictitious adjustment, but later admitted their wrongdoing. The misappropriated funds were traced to the defendants' personal and business bank accounts.
On March 3, 2021, a partial judgment was granted in favor of the plaintiff for $1,038,616, which the defendants did not oppose. During the summary judgment motion, the defendants admitted that they had taken a total of $1,728,304, which they were not entitled to take.
The court granted summary judgment in favor of the plaintiff, ordering the defendants to pay $739,926, plus the forensic accountant fees, and declaring the debt as arising from fraudulent acts committed while acting as trustees. The court also encouraged the parties to resolve the issue of costs.