Wood v. Bevan
Wade Wood
Law Firm / Organization
Bennett Jones LLP
Gerald Bevan
Law Firm / Organization
Reedman Law
Suzannah T. Hahrt
Law Firm / Organization
Sevenoaks Law
Lawyer(s)

Helen Sevenoaks

Background: Wade Wood, a judgment creditor, sought to collect debts from Gerald Bevan by targeting a property in North Saanich, BC, allegedly purchased with loan proceeds from Wood. Bevan transferred his interest in the property to Suzannah Hahrt through a separation agreement, which Wood claimed was a sham to avoid debt repayment.

Legal Arguments/Issues:

  • Fraudulent Conveyance: Wood argued the property transfer was intended to defraud creditors.
  • Fraudulent Preference: Wood alleged the transfer favored Hahrt over other creditors.
  • Fraudulent Conspiracy: It was claimed Bevan and Hahrt conspired to prevent Wood from collecting his judgment.
  • Breach of Trust and Knowing Receipt: Wood asserted Bevan misused loan proceeds, with both Bevan and Hahrt knowingly participating.
  • Constructive and Resulting Trust: Wood claimed the property was held in trust for him due to improper use of loan funds.

Court's Decision: The court found deficiencies in Wood’s pleadings, ordering amendments to provide clear material facts and legal bases for each claim.

Costs and Awards: Suzannah T. Hahrt was largely successful in her application and was entitled to costs against Wade Wood, in the cause. The specific total amount of costs was not detailed in the judgment.

Supreme Court of British Columbia
S222849
Bankruptcy & insolvency
Defendant