2 total
Summary dismissal denied where factual disputes existed regarding reasons for applicant's exclusion from collaborative project.
The applicant, a black man of African origin, alleged racial discrimination in employment after being excluded from a collaborative pilot project by the respondent organizations.
The respondents claimed the exclusion was due to the applicant's inappropriate behaviour and the unworkability of the arrangement.
Following a summary hearing, the Tribunal declined to dismiss the application, finding that the factual disputes regarding the reasons for the applicant's exclusion required a full hearing to resolve.
A spouse with an imminent equalization claim qualifies as a creditor under the Fraudulent Conveyances Act.
The deceased, knowing he was terminally ill, secretly transferred his business assets and the matrimonial home to his children to defeat his wife's equalization claim under the Family Law Act.
After his death, the wife elected to take an equalization payment rather than her legacy under the will and sought to set aside the transfers under the Fraudulent Conveyances Act.
The Court of Appeal upheld the trial judge's decision setting aside the transfers, finding that the wife qualified as a 'creditor or other' under the Fraudulent Conveyances Act because she had an imminent right to apply for equalization at the time of the transfers.
The Court confirmed that the Family Law Act does not oust the operation of the Fraudulent Conveyances Act.
