Fraud
Mortgage Obtained By Fraud Not Valid
Le v Chan ( Trustee) 2023 BCSC 1654 confirmed the law that a mortgage obtained by fraud, such a forgery is invalid. A mortgage obtained by fraudulent means does
Fraudulent Conveyances 2021
In Kootenay Savings Credit Union v Brar 2021 BCSC 2027 the court found that the defendant fraudulently conveyed his property to delay, hinder or defraud creditors under the Fraudulent Conveyance
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
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
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
“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
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
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
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