The plaintiff brought a motion for summary judgment to declare the transfer of a property from the judgment debtor to his spouse as a fraudulent conveyance.
The transfer occurred shortly after a draft judgment of $1.5 million (U.S.) was released against the debtor.
The defendants argued the plaintiff lacked standing, the action was statute-barred, and counterclaimed for slander of title.
The court found the transfer was a fraudulent conveyance intended to defeat creditors, dismissed the defendants' motion to adduce new evidence, dismissed the counterclaim, and granted summary judgment in favour of the plaintiff, including a tracing order to a subsequently purchased property.
