Category Archives: Real Estate

Primer on Fraudulent Conveyance Claims

The Fraudulent Conveyances Act provides that the court can declare a transfer of property void if the intention of the person who made the transfer was to defeat or delay his or her creditors. [1]  This can happen where an individual is attempting to hide assets from a creditor or ex-spouse.

The statute is designed to stop a debtor from hiding assets from creditors by fraudulently transferring the assets to another person.  If it is applicable, an Order under the statute makes property that was fraudulently conveyed available for execution on behalf of the creditors of the transferor.[2]

How to quash a municipal by-law

Municipal councils in Ontario are granted significant power, discretion and autonomy in their ability to pass municipal by-laws.  However, they are required to adhere to certain principles of fairness and openness which are necessary in our democracy.

Where a municipal council has acted in bad faith or in an illegal manner to pass a by-law there is a remedy for disgruntled citizens under section 273 of the Municipal Act which permits an applicant to bring a court application to quash the bylaw.  Section 273 states:

273. (1) Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality.