Wilfert v. McCallum
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Feldman J.A. |
| Citation | 2017 ONCA 895 |
| Date | 22 November 2017 |
| Docket Number | M48387 (C64088) |
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11 practice notes
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Court Of Appeal Summaries (February 6, 2023 ' February 10, 2023)
...Fraudulent Conveyance Act, R.S.O. 1990, c. F.29, s. 2, Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 21.01(1), Wilfert v. McCallum, 2017 ONCA 895, IAMGOLD Ltd. v. Rosenfeld, [1998] O.J. No. 4690, McGuire v. Ottawa Wine Vaults Co. (1913), 48 S.C.R. 44, Cambone v. Okoakih, 2016 ONSC 79,......
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Court Of Appeal Summaries (July 28, 2025 - August 1, 2025)
...Appeal, Rules of Civil Procedure, r. 63.02, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Wilfert v. McCallum, 2017 ONCA 895, Cavalho Estate v. Verma, 2024 ONCA 222, Zafar v. Saijid, 2017 ONCA 919, M & M Homes Inc. v 2088556 Ontario Inc., 2020 ONCA 134, RJR-MacDonald In......
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Court Of Appeal Summaries (November 16 ' November 20, 2020)
...Criminal Code of Canada, RSC 1985, c C.46, s 347, RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311, Wilfert v McCallum, 2017 ONCA 895, Starkman v Home Trust Company, 2015 ONCA 436, Circuit World Corporation v Lesperance (1997), 33 OR (3d) 674 (Ont CA), Centurion Farms Ltd v C......
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Conte v. Pettle
...convey property away from creditors – present or future – are often described as “badges of fraud”. [60] See also: Wilfert v. McCallum, 2017 ONCA 895, at para. 9; LPIC v. Fiore et al, 2021 ONSC 7860, at para. 85; Indcondo v. Sloan, 2014 ONSC 4018, at para. [61] In this case, the properties ......
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6 cases
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Conte v. Pettle
...convey property away from creditors – present or future – are often described as “badges of fraud”. [60] See also: Wilfert v. McCallum, 2017 ONCA 895, at para. 9; LPIC v. Fiore et al, 2021 ONSC 7860, at para. 85; Indcondo v. Sloan, 2014 ONSC 4018, at para. [61] In this case, the properties ......
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2257573 Ontario Inc. v. Furney
...favours granting the stay: RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, at p. 334; Wilfert v. McCallum, 2017 ONCA 895, 54 C.B.R. (6th) 249, at para. 6; and Starkman v. Home Trust Company, 2015 ONCA 436, at para. [20] In applying this test, the court is mindful that ......
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LPIC v. Fiore et al
...intent, and, because they were not a creditor at the time of the transfer in 2007, must further prove, as per Wilfert v. McCallum, 2017 ONCA 895 at paragraph 9, either that there remains unpaid a creditor from the time of the conveyance who would have been entitled to impeach the conveyance......
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Hermina Developments Inc. v. Epireon Capital Limited
...favour granting the stay. See Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), at pp. 676-77; Wilfert v. McCallum, 2017 ONCA 895, 54 C.B.R. (6th) 249, at para. 6; and Cavalho Estate v. Verma, 2024 ONCA 222, 170 O.R. (3d) 781, at para. [12] These three factors are designed ......
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4 firm's commentaries
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Court Of Appeal Summaries (February 6, 2023 ' February 10, 2023)
...Fraudulent Conveyance Act, R.S.O. 1990, c. F.29, s. 2, Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 21.01(1), Wilfert v. McCallum, 2017 ONCA 895, IAMGOLD Ltd. v. Rosenfeld, [1998] O.J. No. 4690, McGuire v. Ottawa Wine Vaults Co. (1913), 48 S.C.R. 44, Cambone v. Okoakih, 2016 ONSC 79,......
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Court Of Appeal Summaries (July 28, 2025 - August 1, 2025)
...Appeal, Rules of Civil Procedure, r. 63.02, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Wilfert v. McCallum, 2017 ONCA 895, Cavalho Estate v. Verma, 2024 ONCA 222, Zafar v. Saijid, 2017 ONCA 919, M & M Homes Inc. v 2088556 Ontario Inc., 2020 ONCA 134, RJR-MacDonald In......
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Court Of Appeal Summaries (November 16 ' November 20, 2020)
...Criminal Code of Canada, RSC 1985, c C.46, s 347, RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311, Wilfert v McCallum, 2017 ONCA 895, Starkman v Home Trust Company, 2015 ONCA 436, Circuit World Corporation v Lesperance (1997), 33 OR (3d) 674 (Ont CA), Centurion Farms Ltd v C......
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Ontario Court Of Appeal Summaries (November 20 November, 24 2017)
...elements of accountability, intelligibility, adequacy and transparency courts expect from administrative tribunals. Wilfert v. McCallum, 2017 ONCA 895 [Feldman J.A. (In Chambers)] Counsel: P Starkman, for the moving parties S A Hashim, for the responding parties Keywords: Civil Procedure, J......
