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The Court of Appeal dismissed an appeal from a fraudulent conveyance decision, holding it would not hear a standing argument abandoned below and upholding summary determination.
The court held that the plaintiff discovered his fraudulent conveyance claim on February 4, 2019, when a Registrar’s Certificate of Fees was filed, so the claim about the 2012 transfer was statute-barred.
The Court upheld the motion judge: the mortgages were granted by the principal of the mortgagor corporations with the intent to defeat creditors and were not granted in good faith, therefore they are void as fraudulent conveyances under s.2 of the Fraudulent Conveyances Act; the respondents had standing to bring the motion in the receivership and the statutory exceptions did not apply.
Source excerpt
The court held that January 8, 2004 transfers by Satnam Singh Ghag were fraudulent conveyances and gave rise to resulting trusts, and the claims were not time-barred.
The court set aside asset transfers by a stepfather to his son as fraudulent conveyances, but dismissed the plaintiff’s unjust enrichment claim.
The court found the transfer may have hindered a creditor, but held the transferee was protected by good consideration because active participation in fraud was not proved.
The BC Court of Appeal held that an intent to delay or hinder creditors is enough under the Fraudulent Conveyance Act; subjective dishonesty is not required.
The Court of Appeal dismissed an appeal challenging a mortgage as a fraudulent preference or conveyance, finding it secured a pre-existing debt and lacked fraudulent intent.
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