SZK Secures Extension of Certificate of Pending Litigation in Fraudulent Conveyance Action
Overview
Congratulations to our associates, Cora Madden and Raha Zolfaghari, for securing an extension of a certificate of pending litigation (the "CPL") in a fraudulent conveyance action brought on behalf of BMO.
In Bank of Montreal v. 2104984 Ontario Inc., the court agreed that BMO had established a triable issue with respect to its fraudulent conveyance claim and that the balance of convenience favoured maintaining the CPL pending trial. The court also rejected arguments that the CPL, originally granted on an ex parte basis, had been obtained without full and frank disclosure. This decision highlights the important role CPLs play in safeguarding property pending the final determination of fraudulent conveyance claims.
Related people
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Cora employs an analytical and practical approach to solve complex legal issues and provide strategic advice to clients across a range of industries.
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Raha approaches every legal challenge with a strategic mindset, combining analytical reasoning and a results-driven focus to serve as a reliable advocate. View full bio
