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Understanding a Creditor’s Duty to Investigate: Recent Guidance from the Ontario Superior Court in Anisman v. Drabinsky, 2020 ONSC 1197

Understanding a Creditor’s Duty to Investigate: Recent Guidance from the Ontario Superior Court in Anisman v. Drabinsky, 2020 ONSC 1197

Michael Nowina

Michael Nowina

August 26, 2021 09:55 PM

By Glenn Gibson & Michael Nowina

March 16, 2020

In the recent decision Anisman v. Drabinsky, 2020 ONSC 1197 Justice Morgan voided a transfer of a $2.625 million Toronto home for the nominal sum of $2 by Garth Drabinsky to his wife as a fraudulent conveyance as against Drabinsky’s former lawyer and other creditors. This summary judgment decision provides important guidance for creditors on how to approach issues relating to discoverability and limitation periods in the context of real property that may have been fraudulently conveyed.

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