3 Mar 2023
1999269 Ontario Limited et al v Aguiar et al
In the case of 1999269 Ontario Limited et al v Aguiar et al dated March 3, 2023, wherein plaintiffs, 1999269 Ontario Limited and 1999267 Ontario Limited accused and defendants Gonzalo Raul Gadea Aguiar (also known as Gonzalo Raul Aguiar Gadea), Roxana Guadalupe Marroquin Donan, and their entity A.D. Group of Companies of an extensive and prolonged fraudulent scheme. The dispute spans from 2019 to 2021, during which Canadian investors entrusted the Defendants with US$27,338,248 for the development of medical cannabis production facilities in Uruguay. However, the funds were allegedly misappropriated by the Defendants, contrary to their intended purpose.
Justice Perell issued a worldwide Mareva injunction on January 31, 2023, against Aguiar, Donan, and A.D. Group, with a freeze limit of US$25,000,000. This injunction was later extended by Justice Dow on February 9, 2023. However, despite the court order, Aguiar and Donan did not comply with document submission and did not provide any information to the Plaintiffs' legal representatives.
Claiming the Defendants' non-compliance as evidence of their unwillingness to adhere to court orders, the Plaintiffs argued that the discovery phase would likely see a similar disregard for documentary obligations. In response, the Plaintiffs sought the continuation of the Mareva injunction, associated relief, and an Anton Pillar Order. The court found merit in the Plaintiffs' claims and granted the requested relief based on the provided reasoning.