Brar v. Kootenay Savings Credit Union
Gurmeet Brar
Law Firm / Organization
Unrepresented
Navdeep Brar
Law Firm / Organization
Guardian Law Group LLP
Jasrevan Brar
Law Firm / Organization
Guardian Law Group LLP
Mauveen Brar
Law Firm / Organization
Guardian Law Group LLP
Kootenay Savings Credit Union
Law Firm / Organization
Thompson LeRose and Brown

Background: Gurmeet Brar, facing financial difficulties, transferred his interest in a family property to his ex-wife Navdeep Brar and their daughters, Jasrevan and Mauveen Brar, for "$1.00 and natural love and affection." At the time, Kootenay Savings Credit Union had a judgment against him for $1,496,637 plus interest and costs. The property's market value was $2 million, and the transfer was claimed to be part of a 2009 oral agreement and a 2010 separation agreement.

Legal Arguments/Issues: Appellants argued that the transfer was legitimate, resulting from a slow-moving family property arrangement after a marriage breakdown. They claimed it was part of a 2010 separation agreement, asserting that Navdeep was the sole owner. Kootenay Savings Credit Union argued the transfer was a fraudulent attempt to shield the property from creditors. Key issues included whether the transfer was made in good faith and for good consideration, and if the judge erred in assessing credibility and applying the Fraudulent Conveyance Act.

Held: The court dismissed the appeal, upholding the trial judge's findings that the transfer was fraudulent. The judge found the Brars' evidence inconsistent and unconvincing, concluding they intended to shield the property from creditors. The judge also varied a previous desk order, which had declared Navdeep the sole owner, as it was based on a false premise.

Costs/Damages Awarded: The court upheld the trial judge's award of costs against Gurmeet Brar, amounting to over $1.5 million in favor of Kootenay Savings Credit Union. The fraudulent conveyance judgment and associated costs were affirmed.

Court of Appeals for British Columbia
CA47891
Bankruptcy & insolvency
$ 1,500,000
Respondent