What is the limitation of recovery for one-half of net proceeds of sale under s. 12 of the Assignments and Preferences Act?

Ontario, Canada


The following excerpt is from Pilot Insurance Co. v. Foulidis, 2005 CanLII 23679 (ON CA):

I accept that Buchar offers no explanation for limiting recovery to one-half of the net proceeds of sale and that, arguably, the court was holding the wife liable only for the husband’s one-half interest in the net proceeds of sale. Nonetheless, I do not accept the appellant’s argument that he ought not to be held liable for one-half of the net sale proceeds because he has paid his wife that amount. I reject that argument based on the wording of s. 12 of the Assignments and Preferences Act, and this court’s decision in Allen v. Hennessey.

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