On January 21, 2013, Justice D. M. Brown of the Ontario Superior
Court of Justice released a decision that is sure to become an
invaluable resource for civil litigators in Ontario. In York University v Michael Markicevic,
Justice Brown provides a detailed analysis of the legal principles
of summary judgment, the interpretation of releases,
Mareva injunctions, certificates of pending litigation,
Anton Piller orders, and fraudulent conveyances.
This case involves allegations of fraud against Michael
Markicevic, a former employee of York University. York University
terminated Mr. Markicevic's employment without cause. As part
of this termination, Mr. Markicevic received almost $700,000 and
the parties signed a release that effectively barred York
University from bringing any claims against Mr. Markicevic arising
from Mr. Markicevic's employment that York University knew, or
ought to have known, at the time of his termination. At that time,
York University was arguably
