Does a judgment debtor have any interest in the lands in question?
Ontario, Canada
The following excerpt is from Milverton Stock Yards Ltd. v. Thomas, 2005 CanLII 3722 (ON SC):
Further, in Thomson v. Cushing (1899), 30 O.R. 123 Meredith C.J. said at page 3 that: If the directions contained in the Will which were intended to prevent the lands being made liable to the claims of creditors of the beneficiaries are effectual for that purpose, the judgment debtor has no interest in the lands in question which can be made available by legal process for the satisfaction of the plaintiff’s judgments and if they are not effectual to that end, there is nothing in the way of the plaintiff reaching his judgment debtor’s interest in the lands by means of ordinary process and the plaintiff’s action is on this ground also not sustainable.
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