14 Apr 2023
Accomplish Capital Inc. v Kroeker
In the case of Accomplish Capital Inc. v Kroeker dated April 14, 2023, the plaintiffs, Accomplish Capital Inc., Bluecore Partners Inc., Bluecore Partners INC., Bluecore Partners 3 Inc., Canor Financial Inc., Anvipe Capital Inc., Bluecore Capital Inc., and Bluecore II Capital Inc., brought a motion seeking a Mareva injunction and related relief. This relief was granted after a series of adjournments and procedural steps. The motion pertained to an alleged fraud case involving the Defendants: Mark Zamirski, Nova Initium Corp. (Nova), Murphy, Driven Cars Canada, Silver Isle Corporation, Diana Zderic (also known as Diane MajicManninen), 11318063 Canada Inc. (113 Corp.), and Vaxholm Corporation.
The Plaintiffs had alleged that the Defendants had engaged in fraud, misappropriating over $17 million in investor funds. These funds had been diverted to companies controlled by the Defendants and utilized to acquire real estate properties and other assets. The Plaintiffs had argued that a strong case of fraud existed, assets were located in Ontario, and there was a risk of assets being removed or dissipated. The court had concurred with the Plaintiffs and granted the Mareva injunction, thus safeguarding assets for the benefit of the action. Furthermore, the court had ordered that the net proceeds from the sale of a specific property owned by the Defendants should be held in trust for the action. Substituted service had also been granted for certain Defendants who could not be personally served.