G. William McKechnie

The applicant brought a summary judgment motion to set aside the transfer of a property by her former husband to three tenants, alleging it was a fraudulent conveyance intended to defeat her family law claims.

The transfer occurred shortly before trial and in violation of a court order prohibiting the sale.

The court found numerous 'badges of fraud' and rejected the purchasers' claims that they bought the property in good faith without notice.

The court granted summary judgment, setting aside the transfer and vesting the property in the applicant.

On a family law motion concerning a trust fund established by prior consent order to secure child support, the moving party sought release of the full $200,000 trust balance to himself.

The court found persistent non-payment of child support and section 7 expenses, extensive evidence of undisclosed capital resources, and repeated misrepresentations affecting credibility.

Income was imputed to the moving party, arrears were quantified, and the court assessed ongoing and future support obligations against the trust’s intended protective purpose.

Applying the Family Law Act support principles and the terms of the prior order, the court directed that the full trust balance with accrued interest be paid to the responding party for child support purposes.

All other relief was dismissed, with costs submissions to follow.