Court of Appeal for Ontario
Alexander v. Alexander
Date: 2000-01-19
K. William McKenzie (Crawford, McKenzie, McLean and Wilford), for the appellants;
No one listed for the respondents.
(C30356)
[1] By the Court: The findings of fact and credibility made by the trial judge that Mr. Alexander and Elizabeth Rickerby engaged in fraudulent conveyances designed to permit Mr. Alexander to seek to end support payments to Barbara, are amply supported by the evidence.
[2] More specifically, the evidence supports the findings that the transfer of shares was made in highly suspicious circumstances and for inadequate consideration and circumstances of secrecy. The transfer of property also bears the badges of a fraudulent conveyance including - made between husband and wife - made in secrecy - timing - and lack of documentary evidence.
[3] The evidence also supports the tracing of the proceeds of the sale of the shares to 102 Brooke Ave. and the finding that Mr. Alexander would not honour his obligations to pay child and spousal support.
[4] Finally, the trial judge awarded costs against both appellants on the basis that Elizabeth Rickerby engaged knowingly in fraudulent transactions designed to seek to end support payments to Barbara Alexander. We see no improper exercise of discretion on the fact of the trial judge.
[5] The appeal is dismissed with costs.
Appeal dismissed.