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Jassmine’s project is “Fraudulent Conveyances, Fraudulent Preferences and the Oppression Remedy: The Best Scheme to Protect Creditors from Abusive Debtors.” Canada has several regimes to govern creditor/debtor relations, both directly (e.g., fraudulent conveyance legislation) and indirectly (e.g., the oppression remedy in the business corporations acts). This raises a fundamental question: What is the best scheme for a creditor to utilize when the debtor engages in deceptive or improper behaviour outside of the bankruptcy regime, making it difficult or impossible for his creditors to be paid? This project will compare the availability and scope of the oppression remedy in the context of creditors of a company with the remedies available under fraudulent conveyances and fraudulent preferences legislation.

The Stikeman Elliott LLP Research Fellowship in Corporate Law is a $10,000 fellowship that is kindly being provided by Stikeman Elliott LLP for research in the area of corporate law that provides practical input on current legal issues. A faculty member will hold the fellowship and the funds go entirely toward employing a JD or graduate student.