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Peel Condominium Corporation No 49 v. Bruno Zaffino et al.

Background: Peel Condominium Corporation No. 49 (PCC 49) secured a Mareva injunction against Bruno Zaffino, Manda Cabraja, and associated entities, and a Norwich order concerning specific financial institutions, due to alleged financial misappropriation.

Key Issues:

  • PCC 49 claimed fraudulent depletion of its reserve account by the defendants through forged cheques, reducing the account from $908,844 to a $45,600 deficit.
  • Cabraja confessed to the fraud, admitting to creating counterfeit bank statements and forging cheques.

Court’s Decision:

  • The court granted the Mareva injunction based on evidence of fraud and asset dissipation risk, particularly noting the defendants’ asset transfers and property sales.
  • A Norwich order was approved to trace the misappropriated funds, requiring banks to disclose financial transactions related to the fraud.

Outcome:

  • Both orders were issued due to the strong prima facie case of fraud and the immediate risk of further asset dissipation.
  • The Mareva injunction aims to freeze the defendants' assets, preventing further loss, while the Norwich order facilitates tracking the diverted funds.
  • These orders were initially effective for 10 days, pending a subsequent court session to review the case further.
  • No amount for cost/award specified.


PEEL CONDOMINIUM CORPORATION NO. 49
Law Firm / Organization
Not specified
BRUNO ZAFFINO
Law Firm / Organization
Not specified
MANDA CABRAJA
Law Firm / Organization
Not specified
NEW CITY PROPERTY MANAGEMENT INC
Law Firm / Organization
Not specified
COLLOSSUS HOME WORX
Law Firm / Organization
Not specified
2502511 ONTARIO CORP.
Law Firm / Organization
Not specified
Superior Court of Justice - Ontario
CV-23-00706755-0000
Real estate
Not specified/Unspecified
Plaintiff