Is there any Canadian law against this?
So I'm in the middle of a simulation for civics class called "Civics Mirror" that runs on the same laws and systems as the Canadian government(part of my civics course, worth 1/3rd of my mark). I was wondering if there was a law against giving away property while you're being sued for it? I was suing someone for breaking a law when they gave what I was suing them for away, and I want to know if it's legal to to such a thing. Please help me!
(if you saw my other thread, I locked it because it was in the wrong section)
October 25, 2012
5 Comments • Newest first
[quote=ToxicEffect]I'm sure there's probably some kind of law for this, although I'm not too sure cause I'm not a lawyer/law student. There is this case going on where a former canadian colonel (Russell Williams) got convicted for some heinous crimes, but he signed his house over to his wife while he was in jail, so the victims' families are going after the wife for his assets. You could probably try to dig up some legal info by looking up that case.[/quote]
Just tried to do some digging for it. I didn't manage to get any info on what happened to the property he transferred. Thanks for the help though!
[quote=zerosabor]There aren't any laws that prevent someone from destroying, selling off or gifting assets that is currently being sued for or will be sued for. If during the trial period the defendant decides to destroy, sell or gift certain assets that he/she owns, you have no legal ability to stop them from doing so.
Like one of the person above said, you can file a freezing injunction any time before, during or after the trial period to stop the assets from being transferred but it has very little legal force if the freezing injunction is filed after the assets have been destroyed, sold or gifted. Practically, there are also many complications and potential consequences when filling a freezing injunctions and it is very unlikely that you will be granted one by the court.[/quote]
Thanks for that info. I'll keep that in mind. Also, do you know what the consequences for breaking an injunction are? I do believe that I can sue him for breaking one.
my dads lawyer he said no
In America you would probably get an injunction to stop the person from giving away what you're suing for.
I'd try, but I have no idea what the name of the law would be. That, and googling the question didn't work.
Why don't you check google?