The plaintiff, a creditor of the defendant's bankrupt former spouse, brought a motion to set aside the bankrupt's release of his interest in the matrimonial home.
The bankrupt had released his interest in the home to the defendant in a separation agreement shortly before declaring bankruptcy.
The court held that the bankrupt's right to claim possession of the matrimonial home was personal in nature and not an asset available for distribution to creditors under the Bankruptcy and Insolvency Act.
The motion was dismissed.
