The Ontario Court of Appeal’s decision in Sapusak v. Canguard Group Limited provides a clear and practical illustration of how courts approach fraudulent conveyances, particularly in the context of mortgage transactions. The case highlights the legal consequences of failing to respond to a strong evidentiary record and reinforces the court’s willingness to grant summary judgment […]
Category Archives: Mortgage Fraud & Disputes
Court of Appeal Considers Unconscionability in the Context of Mortgage Transactions
We have previously written about the case of Uber Technologies Inc. v. Heller, one of the leading Canadian decisions on the law of unconscionability in contracts. The case set out the legal test to be applied by courts when determining whether a contract should be set aside for being unconscionable. This test was applied recently […]
Court Confirms Pleadings Are Merged in Consent Judgment For Purposes of Exceptions to Discharge From Bankruptcy
It is not unusual for judgment creditors to face the prospect of a bankrupt debtor. An assignment into bankruptcy by such a debtor generally stays proceedings against them and, once the debtor is discharged from bankruptcy, releases them from all “claims provable” in bankruptcy. There are exceptions, however, and creditors would be wise to be […]