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In This Volume

The Fraudulent Conveyance Act provides protection to creditors who are delayed, hindered, or defrauded by dispositions of property.


An applicant may proceed under the Fraudulent Preference Act to protect their interest in property where a disposition is void under the Fraudulent Conveyance Act.


Purpose of Declaration under Act

In applying for a declaration under the Fraudulent Conveyance Act, a party seeks to have title revert to its original or pre-disposition status and thereby attempts to establish a proprietary or other interest in property (Cressey Development Corporation v. Western Canada Hydraulic Laboratories Ltd., [1984] B.C.J. No. 1230 (QL) (S.C.)).

Fair, Large, and Liberal Construction and Interpretation

The purpose of the Fraudulent Conveyance Act is to strike down all conveyances of property made with the intention of delaying, hindering, or defrauding creditors. The legislation should be given a fair, large, and liberal construction and interpretation: Vancouver Coastal Health Authority v. Moscipan, 2019 BCCA 17 (citing Royal Bank of Canada v. North American Life Assurance Co., 1996 CanLII 219 (SCC)).