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Creditors want to recover as much money as they can from their debtors as quickly and painlessly as possible. When those debtors take steps to delay, defeat and hinder a creditor's recovery, creditors can rely on the Fraudulent Preference Act, RSBC 1996, c. 164 ("FPA") and the Fraudulent Conveyance Act, RSBC 1996, c. 163 ("FCA") to set aside transactions that have that intention and effect.
Case Trends We’ve seen an uptick in corporate insolvency filings and creditor-driven CCAAs (Companies' Creditors Arrangement Act), followed by a corresponding increase in interesting developments in insolvency law. There has been an overall trend towards prioritizing environmental obligations. Reverse Vesting Orders continue to be sought, with Canadian courts cautioning that they remain extraordinary relief.
Obtaining a monetary judgment is in many cases just the beginning of a lengthy enforcement process. The framework to collect on civil and tribunal judgments in British Columbia has been described as "archaic, fragmentary and inefficient".1 B.C.'s legal advocacy organizations have been live to this issue for decades, and have urged the Legislature to update the Province's legislation to better assist judgment creditors.
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