Does a real estate transaction represent a specific fund earmarked for litigation?
Ontario, Canada
The following excerpt is from Pretty v. Clute, 2011 ONSC 262 (CanLII):
Similarly, in Sinclair v. Henry, [2009] O.J. No. 2300 (S.C.J.), Howden J. found at para. 13 that “the net funds from the real estate transaction represent a specific fund earmarked for the litigation as the funds from the sale take the place of the property from which the income in dispute was being earned.”
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