Obtaining judgment against a defendant does not guarantee recovery. Frequently, the greater challenge is enforcing the judgment and locating realizable assets. Accordingly, it is important for judgment creditors to be aware of the tools available to them.
One of those tools is the Fraudulent Conveyance Act, RSBC 1996, c 163, which empowers the court to set aside transfers of property that were made with the intent to put the property out of reach of the transferor’s creditors. Notably, as recently confirmed in 1046056 B.C. Ltd. v Liang, 2026 BCSC 132, the Fraudulent Conveyance Act can permit a judgment creditor to register a certificate of pending litigation even where the impugned transfer was not made directly by the judgment debtor.
