Michael S. Myers

The moving party, having been successful, was awarded costs fixed at $5,000 all inclusive, payable within 30 days.

The plaintiff brought a motion under Rule 2.1.01 of the Rules of Civil Procedure to quash the defendant's appeal from a timetabling endorsement in a mortgage enforcement proceeding.

A single judge of the Court of Appeal had previously ruled that the court lacked jurisdiction because the endorsement was an interlocutory order.

The Court of Appeal agreed, finding the appeal frivolous and completely devoid of merit, as the endorsement did not determine any substantive rights.

The appeal was quashed for want of jurisdiction.

A creditor sought to void a transfer of a matrimonial home to a spouse as a transfer at undervalue under section 96 of the Bankruptcy and Insolvency Act.

The debtor and his spouse purchased a home in joint names, with the spouse making non-monetary contributions through household management and childcare.

The Court of Appeal upheld the dismissal of the creditor's application, finding that the effective date of the transfer was more than one year before the bankruptcy event, and the creditor failed to prove insolvency or fraudulent intent at the time of the disposition.

The applicant sought a declaration that a bankrupt's notional gift of 50% equity in a matrimonial home to his spouse was a transfer at undervalue and void under s. 96(1)(b)(i) of the Bankruptcy and Insolvency Act.

The court found that even if the transfer was at undervalue, it would exercise its equitable discretion not to declare it void.

The court considered factors such as the spouses' good faith, the lack of intention to defeat creditors, the spouse's non-monetary contributions to the family, and her need for the funds to support herself and her children.