Bruce Jaeger

The appellant appealed the dismissal of his fraudulent conveyance action against the respondent.

The appellant sought to set aside a 1997 transfer of the matrimonial home from the judgment debtor to the respondent.

The Court of Appeal upheld the trial judge's findings that the transfer was part of a comprehensive settlement following marriage breakdown, not made with intent to defeat creditors, and was supported by good consideration in good faith.

The appeal was dismissed.

The appellant tenant appealed a judgment dismissing its application under s. 23(2) of the Commercial Tenancies Act for an order finding that the respondent landlord unreasonably withheld consent to a lease assignment.

The Court of Appeal found that while the application judge set out the correct test, he erred by failing to consider whether the landlord's refusal was unreasonable in fact because it was designed to achieve a collateral purpose or benefit.

The appeal was allowed, the judgment set aside, and the matter remitted for a new hearing.