A commercial judgment can confirm that money is owed, but it does not always answer the most practical question: where are the assets? A debtor may claim to have no funds, a corporation may stop operating shortly after judgment, or property may be transferred to a spouse, family member, holding company, or related business. When […]
Category Archives: Asset Recovery & Enforcement
Understanding Judgment Enforcement in Ontario, Part 2: Garnishment, Writs, and Debtor Examinations
A court judgment can confirm that a business, individual, guarantor, or related party owes money. However, it does not always result in payment. The creditor must still determine how to turn the court order into recovery. Ontario’s civil enforcement process includes several tools that may assist judgment creditors. Three common options are garnishment, writs of […]
Understanding Judgment Enforcement in Ontario, Part 1: The Basics
A successful lawsuit may feel like the finish line. After months or years of litigation, a judgment may finally confirm that money is owed. However, the practical question remains: how does the creditor turn that judgment into actual recovery? In Ontario commercial litigation, obtaining judgment is often only one stage of the process. Some debtors […]
Shell Companies, Hidden Assets, and Looking Behind the “Corporate Curtain”
Fraud disputes are rarely straightforward by the time they reach court. Money may have moved through several accounts, property may be held by a corporation or nominee, and business records may suggest that value was redirected elsewhere. In many civil and commercial fraud cases, the issue is not only whether fraud occurred, but where the […]
Stored Without Consent: Ontario Court Limits Storage Lien Claim Against Commercial Property Owner
Commercial logistics chains often involve multiple contractors, carriers, storage providers, and intermediaries. When a debt collection issue arises, determining who is legally responsible can become complicated, particularly where goods are stored by a party that never dealt directly with the property owner. In its recent decision in Interload Truck Services Ltd. v. General Motors of […]
Mareva Injunction Discharged After Evidence Undermines Fraud Claim
Asset-freezing injunctions, commonly referred to as Mareva injunctions, are among the most powerful remedies available in civil litigation. They allow courts to freeze a defendant’s assets before a final judgment is rendered to prevent the dissipation of assets that could otherwise frustrate the enforcement of a future judgment. Because of the extraordinary nature of this […]
Electronic Funds Transfer Fraud: Who Bears the Loss in Ontario?
Electronic funds transfers (EFTs) have become the backbone of modern commercial transactions. Wire payments, automated clearing systems, online banking platforms, and digital authorization tools allow businesses to move substantial sums within seconds. While these systems enhance efficiency, they also create opportunities for fraud. Business email compromise schemes, phishing attacks, spoofed vendor instructions, and unauthorized wire […]
When Will Creditor Conduct Affect the Enforceability of a Guarantee?
A guarantee is often an essential part of debt financing. However, the personal liability of the person making the guarantee, or “guarantor,” may be called into question when the risk assumed by the guarantor changes because of circumstances surrounding the guarantee or transaction. What Is a Guarantee? The starting point for considering this aspect of […]
Court Bars Insurer’s Fraud-Related Claim in Receiver’s Distribution
In Ontario, all registered real estate salespeople and brokers are required to participate in the Real Estate Council of Ontario’s insurance program (see the Trust in Real Estate Services Act and regulations). This program includes “consumer deposit insurance,” which protects individuals who lose deposits due to real estate broker fraud, among other things. It is […]
Court Considers Defence of Improvident Sale to Liability Under Personal Guarantee
In Calicom Solutions Inc. v. Sunil, the Superior Court of Justice considered whether to grant summary judgment in favour of creditors that had sued defendants for liability arising under personal guarantees. One of the arguments raised by the defendants in opposing the motion was that a receiver appointed by court order had undertaken an improvident […]