Superior Court Revives Claims Against Government

Master Champagne set aside the 2013 administrative dismissals of three actions against the federal government. The claims arose from the fraud-related bankruptcy of ICI Construction Management, an Ottawa construction company working on several federal infrastructure projects. They were administratively dismissed for delay following the bankruptcy of the plaintiff, an Ottawa merchant bank.

Daniel Naymark represented judgment creditors of the plaintiff, who took assignment of its rights in the dismissed lawsuits through the bankruptcy process. On behalf of Naymark Law’s clients, Daniel successfully moved to set aside the dismissals. Master Champagne’s decision is reported at 2811472 Canada Inc. v. Her Majesty the Queen in Right of Canada, 2017 ONSC 1015 (S.C.J.).

Daniel was previously counsel, with Clifford Lax, Q.C., at the 2011 trial in which Naymark Law’s clients obtained judgment against the merchant bank, leading eventually to its bankruptcy (Maeder v. Acorn Partners, 2011 ONSC 7109 (S.C.J.)).