Practice Note: Fraudulent Preferences under Provincial Legislation
September 11, 2013
Written by Mark Laugesen, Karma Dolkar and Danish Afroz
This practice note discusses the preferences provisions under Ontario legislation, specifically the requirements to attack a transaction as a fraudulent preference, the parties that have standing to bring an action, the financial status of the debtor at the time of the transaction, the requirements relating to intent, and the conditions under which the statutory presumption of an intention to prefer arises under Ontario's Assignments and Preferences Act. Published by Lexis Practice Advisor Canada – Insolvency.