Context:

• Issue: Plaintiffs sought summary judgment alleging a fraudulent conveyance of assets by Defendant Darren Vrbanek to his wife, Nancy Vrbanek, to evade creditors.

Key Facts:

• Judgment: In 2020, Cubbon Building Centre Ltd obtained a judgment against Darren for $120,946.12. Miramar Holdings Ltd is the assignee of this judgment.
• Asset Transfers:
  • In 2008, Darren transferred a commercial property to Nancy, who later sold it. Proceeds were used to buy an Arizona home in both their names.
  • In 2021, after selling the Arizona home, proceeds were used to buy an Edmonton condo and a smaller Arizona property, both in Nancy’s name alone.
• Claim: Plaintiffs argued that Darren's transfer of assets to Nancy was fraudulent, intending to shield them from creditors.

Legal Issues and Court's Findings:

• Main Issue: Whether Darren had an “exigible interest” (interest subject to debt enforcement) in the Arizona Home or proceeds.
• Court’s Decision:
  • Darren had no exigible interest in the Arizona Home or proceeds, as Nancy was the sole financial contributor.
  • The transfer was not fraudulent as there was no evidence Darren held a beneficial interest or that Nancy intended to gift half of the property to him.

Outcome: The court dismissed the Plaintiffs' application for lack of evidence of fraudulent conveyance. No monetary award specified.