Case information

Bankruptcy and insolvency — Receivers – Property — Real property — Trusts — Fraudulent conveyances — Corporation purchasing parcels of land — Corporation purporting to hold parcels in trust for applicant pursuant to trust agreement — Corporation transferring title to applicant in advance of receivership — Motion judge determining trust and land transfers in favour of applicant void and invalid — Whether Bankruptcy and Insolvency Act creating unjustifiable conflict between federal insolvency efficiency and provincial jurisdiction over property and civil rights — Whether finding of fraudulent intent made on paper record, without oral evidence or cross-examination, contrary to principles of procedural fairness — Whether procedural deadlines set out in Bankruptcy and Insolvency Act creating unconstitutional barrier to justice by foreclosing appeals of merits-based decisions - Fraudulent Conveyances Act, R.S.O. 1990, c. F. 29, s. 2 – Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 193 — Constitution Act, 1867, ss. 91(21), 92(13)

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In April 2024, respondent MNP Ltd. was appointed by the court to be receiver of all the assets, undertakings and properties of AmerCan Corporation. Following its appointment as receiver, MNP sought court orders to, among other things: (i) declare a trust agreement in applicant Xiaojing Jessica Sun’s favour to be void and invalid; and (ii) declare certain transfers of property from AmerCan to Ms. Sun to be void and invalid. The motion judge set the trust agreement and the property transfers aside. Ms. Sun’s appeal was declared to be a nullity.