Appellant
Respondent
Background:
Tariq Waheed and 0923063 B.C. Ltd. sued JM Food Services Ltd. and related entities, alleging fraudulent conveyances to avoid satisfying a $324,000 judgment from a 2019 breach of franchise agreement case. 0923063 B.C. Ltd. was dissolved at the time of filing the fraudulent conveyance claim and restored two years later, prompting disputes over limitation periods.
Legal Issues:
Court of Appeal Findings:
The Court of Appeal reversed the trial judge's interpretation, holding that the Business Corporations Act's retroactive effect on restoration does not override rights acquired during dissolution, including a right to dismiss based on expired limitation periods. The issue of whether the limitation period had actually expired was remitted to trial.
Outcome and Costs:
The appeal was allowed, and the trial court’s orders regarding 0923063 B.C. Ltd. were set aside. The fraudulent conveyance findings against JM Food Services Ltd. were not appealed. The total costs or awards related to this decision were not specified.
Court
Court of Appeals for British ColumbiaCase Number
CA49562Practice Area
Corporate & commercial lawAmount
Winner
AppellantTrial Start Date
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