Fraud

What Debts Survive Bankruptcy

What Debts Survive Bankruptcy

Re Poonian 2021 BCS555 reviewed the law as to what debts survive an order of bankrupty and thus cannot be avoided. In Cruise Connections Canada v. Szeto, 2015 BCCA 363

Fraudulent Misrepresentation

In Jones v Davidson 2020 BCSC 1371, a plaintiff unsuccessfully sought damages against a defendant who had claimed she was a common-law spouse, having lived continuously with the deceased for
Unconscionability

Unconscionability

The test for unconscionability of a bargain was set out by the Court of Appeal in Do v Nichols 2016 BCCA 128 which followed the previous BC appeal decision of
Badges of Fraud

Badges of Fraud

Nouthi v Pourtaghi 2019 BCSC 794  referred to the badges of fraud” as referred to in Dexia Credit Local v. Rogan, 2008 BCSC 1406: [23]      … In Banton v. Westcoast Landfill Diversion
How to Defeat a Testamentary Gift- Beneficiary Fraud - Disinherited

How to Defeat a Testamentary Gift: Beneficiary Fraud

“Fraudulent beneficiaries”  has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled to leave his entire estate
Ponzi Schemes

Ponzi Schemes

Two recent British Columbia decisions Kriegman v Dill 2018 BCCA 86 and Boale Wood & Co Ltd v Whitmore 2017 BCSC 1917 have dealt with various legal aspects arising out
Transfer of Property Registered After Death Valid

Transfer of Property Registered After Death Valid

Chung estate v. Chan 1995 BCJ 2195 was a decision of the BC Court of Appeal that held that a transfer of real property from a deceased person to himself
Fraudulent Conveyances – Ponzi Schemes

Fraudulent Conveyances – Ponzi Schemes

Boale Wood Ltd v Whitmore and Samji Notary 2017 BCSC 1917 involved a Fraudulent Conveyance action brought by a trustee in bankruptcy alleging a fraudulent conveyance. A notary public was

The “Badges of Fraud”

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s
Understanding the Fraudulent Conveyance Act - Disinherited

Understanding the Fraudulent Conveyance Act

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his/her assets. The