Canada Case Law

Meng v. Fan

Court

Supreme Court of British Columbia

No trust was proven to show the son was the beneficial owner from 2013; the May 2021 transfer occurred when multiple claims against the transferor were pending, conveyed the transferor's sole significant real asset for nominal consideration to a close family member, giving rise to badges of fraud and a presumption of intent which the defendants failed to rebut; the claim was timely because judgment in the underlying action was obtained on February 12, 2024 and this action was commenced within the limitation period, therefore the transfer is void as against creditors.

Source excerpt

• Fraudulent conveyance under fca
• Badges of fraud
• Transfer of beneficial interest
• Discoverability and limitation periods
• Familial transfers and nominal consideration

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Samra v. Lalli

Court

Supreme Court of British Columbia

The court held that Samra and the Paddas were successful parties and awarded ordinary costs before July 12, 2024 and special costs thereafter for Lalli’s reckless fraudulent conveyance claims.

• Costs
• Special costs
• Fraudulent conveyance
• Unjust enrichment
• Spousal support
• Disclosure

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Interior Lumbermen’s Pension Plan v. M.L. Brown Lumber Ltd.

Court

Supreme Court of British Columbia

The court ordered the related common actions to be tried together, held the fraudulent conveyance actions in abeyance, and awarded costs in the cause.

• Consolidation of actions
• Trial management
• Solvency deficiency
• Fraudulent conveyance stay
• Costs
• Consolidation-of-actions

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NextGen Energy Watervliet TWP, LLC v. Bremner

Court

Supreme Court of British Columbia

The court admitted Charles Bremner’s discovery and execution-examination transcripts against both defendants, finding a common-interest exception and, alternatively, Rule 12-5(54).

• Admissibility of discovery transcripts
• Rule 12‑5(46) common interest exception
• Rule 12‑5(54) use of deceased witness transcript
• Principled hearsay exception (necessity and reliability)
• Examination in aid of execution
• Constructive trust

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Saran v. Brar

Court

Supreme Court of British Columbia

Kootenay Savings Credit Union sought full party status in a family law case to protect its judgment debt. The court refused joinder, but granted limited participation and procedural directions.

• Joinder/addition of parties
• Creditor intervention in family proceedings
• Fraudulent conveyance
• Trial management
• Disclosure and cross-examination
• Costs

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Wood v. Bevan

Court

Supreme Court of British Columbia

The court found the plaintiff’s pleading too muddled and ordered amendment to clarify fraud, trust, and conspiracy claims, while rejecting some particulars requests.

• Separation agreement as potential sham
• Pleading requirements under rule 3-7 sccr
• Badges of fraud
• Tracing of loan proceeds
• Remedies – declarations and setting aside transfers
• Costs

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IE CA 3 Holdings Ltd. v. NYDIG ABL LLC

Court

British Columbia Court of Appeal

Court of Appeal set aside a fraudulent conveyance declaration over hashpower transfers, finding NYDIG had known and accepted the business model before lending.

• Interpretation of fraudulent conveyance act
• Badges of fraud and rebuttable presumption
• Oppression remedy (s.227 bca)
• Substantive consolidation
• Parent guarantees and inter-company arrangements
• Priority of security and collateral

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2270752 Ontario Inc. v. Century 21 New Star Realty Inc.

Court

Court of Appeal for Ontario

Trial judge’s credibility assessments and findings of multiple badges of fraud established that Baljit breached his trust and fraudulently conveyed the matrimonial home to defeat creditor claims; Arvinder failed to show she paid good consideration or lacked knowledge, so the conveyance was set aside as against creditors and the respondent’s award of $600,000 and costs was upheld.

Source excerpt

• Fraudulent conveyance
• Breach of trust
• Creditor remedies
• Innocent purchaser for value without notice
• Costs

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Wu v. Ma

Court

British Columbia Court of Appeal

Appeal allowed from an order setting aside a Mareva injunction. The Court held an adverse inference was open against the respondent for unexplained cash withdrawals after judgment.

• Mareva injunction
• Adverse inference
• Burden of proof
• Examination in aid of execution
• Fraudulent transfers
• Balance of convenience

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He v. Huang

Court

Supreme Court of British Columbia

Summary trial under the Fraudulent Conveyance Act: a family home transfer to the defendants’ son was held to be a fraudulent conveyance, allowing enforcement against the property.

• Fraudulent conveyance act ss.1-2
• Presumption of fraud for gratuitous family transfers
• Badges of fraud
• Registration of judgment against land title
• Remedy permitting execution against transferred property
• Fraudulent-conveyance

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