Wilson v. Gill et al., (1998) 105 B.C.A.C. 225 (CA)

• Judge: Southin, Finch and Ryan, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 03, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 105 B.C.A.C. 225 (CA)

Wilson v. Gill (1998), 105 B.C.A.C. 225 (CA);

   171 W.A.C. 225

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. MY.014

Joy Wilson (plaintiff/respondent) v. Nacchatar Gill, Kulwant Gill, Mohinder Gill and Guriqbal Gill (defendants/appellants)

(CA020409)

Indexed As: Wilson v. Gill et al.

British Columbia Court of Appeal

Southin, Finch and Ryan, JJ.A.

March 19, 1998.

Summary:

A creditor sought to set aside two transfers of land as being contrary to both the Fraud­ulent Conveyance Act and the Bankruptcy Act. The trial judge allowed the action. The defendants appealed. The creditor cross-appealed.

The British Columbia Court of Appeal dismissed both the appeal and cross-appeal.

Bankruptcy - Topic 7323

Setting aside transactions prior to bank­ruptcy - Settlements - Settlement defined - The British Columbia Court of Appeal opined that a conveyance of property in discharge of an existing indebtedness may be a preference, but that it was not, in and of itself, a "settlement" within the meaning of s. 91 of the Bankruptcy and Insolvency Act - See paragraphs 31 to 34.

Cases Noticed:

Bozanich, In re, [1942] S.C.R. 130, refd to. [para. 24].

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 91 [para. 17].

Authors and Works Noticed:

Houlden, L.W., and C.H. Morawetz, Bankruptcy Law of Canada (1960), p. 139 [para. 22].

Counsel:

Douglas B. Hyndman, for the appellants;

John F. Grieve, for the respondent.

This appeal and cross-appeal were heard in Vancouver, British Columbia before Southin, Finch and Ryan, JJ.A., of the Brit­ish Colum­bia Court of Appeal on March 3, 1998. The decision of the court was delivered on March 19, 1998 by Southin, J.A., for the court.