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Canada Case Law

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Fraudulent preference act 2024 BCCA 81

1052387 B.C. Ltd. v. Forjay Management Ltd.

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.

  • Fraudulent conveyance
  • Standing
  • Summary procedure
  • Show cause application
  • Creditor remedies
  • Costs
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Fraudulent preference act 2004 BCCA 293

Banton v. Westcoast Landfill Diversion Corp. et al

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.

  • Fraudulent preference
  • Fraudulent conveyance
  • Badges of fraud
  • Secured transactions
  • Priority of creditors
  • Fraudulent-preference
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Fraudulent preference act 2003 BCSC 1335

Selaive v. Meyer

The court held a plaintiff need not have been a judgment creditor at the time of conveyance to proceed under s. 9, but ordered the issue tried on the limited record.

  • Voidable conveyance
  • Setting aside transfer
  • Status of creditor at time of conveyance
  • Show cause proceedings
  • Examination in aid of execution
  • Order to proceed to trial under s.10(1)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.