Judge Drains Company of Funds, but Appeal Court Reverses

Photo by Pixabay on Pexels.comThere are times, thankfully not too often, where judges go way too far and make orders that are well beyond precedent and practice. One such case is Warde v. Slatter Holdings Ltd. 2016 BCCA 63. When Elaine Warde and Brian Slatter separated, Ms. Warde brought a family law claim against her husband, and a company, Slatter Holdings, owned by his mother Fern Slatter. She also named Fern Slatter as a party. Ms. Warde alleged that Fern held shares of the company in trust for Brian which were divisible family property. Mr. Slatter had worked for the company and at one time Elaine and Brian were named directors. Of course, that changed when their marriage collapsed. At the time of separation the Company had assets totaling approximately $1.9 million. The assets included funds in the company bank account of $749,147, an accounts receivable of $750,000, equipment valued at $260,000, and two R.V. lots with a value of $130,000. After filing her Notice of…

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