Does a specific fund need to be established to support a specific claim?
Ontario, Canada
The following excerpt is from NSR Toronto Holdings Ltd. v. CIM Development (Markham) LP, 2019 ONSC 6372 (CanLII):
As Belobaba J. explained in his reasons denying a Rule 45.02 order in the more recent case of 3Genius Corporation v. Locationary Inc., 2016 ONSC 4092, 268 A.C.W.S. (3d) 191 (at paras. 2-4), there are two parts to the question of “specific fund”: (i) is there a reasonably identifiable fund, and (ii) is the plaintiff claiming a legal right to the fund or just making a claim for damages? He concluded that even though there was an identifiable fund, the plaintiff’s claim was in essence only for damages. The Moving Parties’ claims are similarly in essence only for damages.
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