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Limitations

Haunert-Faga v. Caprara 2015 Ont SCJ, affirmed 2016 Ont CA

Wife obtained a judgment against husband who then did everything that he could to stymie her collection efforts. Even though wife’s accountants knew something was wrong with corporate transfers, they were not able to get their proof until wife obtained an order appointing a receiver, who then obtained the appropriate documentation to make a conclusive determination. The limitations period for the fraudulent conveyances did not begin to run until that final determination.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.