Is a property held by a debtor as a trustee eligible to be used to satisfy a judgment against that debtor personally?
British Columbia, Canada
The following excerpt is from TLC The Land Conservancy of British Columbia (Re), 2014 BCSC 97 (CanLII):
Property held by a debtor as trustee generally is not exigible to satisfy a judgment against that debtor personally. In the case of Jellet v. Wilkie (1896), 1896 CanLII 49 (SCC), 26 S.C.R. 282, 288, Strong C.J. said: No proposition of law can be more amply supported by authority than that which the respondents invoke as the basis of the judgment under appeal, namely, that an execution creditor can only sell the property of his debtor subject to all such charges, liens, and equities as the same were subject to in the hands of his debtor. (See also the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 67.)
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