What action can a financial institution take when it sees that its debtors have stopped paying it and are dissipating their assets? One remedy is known as a Mareva injunction. The court will grant it if the creditor satisfies the … Continue reading
When a fraudster strikes, sometimes only one victim suffers (e.g. a gullible person who gives the fraudster money because the fraudster promises an abnormally high return). Often, while there may be only one victim, the victim can look for compensation … Continue reading
On occasion, we see a defence that alleges that the signature of the debtor has been forged, usually by a spouse who is either long gone or bankrupt. A defence of forgery, if it is believed, is a full defence. … Continue reading
A bank is defrauded. The fraudster pays, and the bank traces, the money to a third party. The bank wants its money back and the third party wants to keep it. This was the subject of Cuthbert v. TD Canada … Continue reading
In addition to some federal and provincial laws dealing with criminal acts, the Bankruptcy and Insolvency Act (BIA) has its own provisions governing bankruptcy offences. These offences mostly deal with the bankrupt’s conduct during the bankruptcy. How does the BIA … Continue reading
In keeping with our policy of announcing when a case demonstrates that a position we previously took was correct and, conversely, forever burying evidence when we were incorrect, we bring you the decision of Bank of Nova Scotia v. Williamson, … Continue reading
Judgment creditors are, or should be, always on the lookout for assets to seize or income to garnish. The insurance scheme in Ontario provides statutory accident benefits (SABS) for motorists injured in an accident, regardless of fault. Can a judgment … Continue reading
At the start of this New Year, we bring you the most interesting defence of the past year. It was raised in Toronto-Dominion Bank v. Solferino Café Inc., a 2009 decision of the Ontario Superior Court of Justice. Humdrum The … Continue reading