Is a Direction to Pay and Irrevocable Assignment of Proceeds a single transaction?

British Columbia, Canada


The following excerpt is from Fontaine v. Canada (Attorney General), 2008 BCCA 329 (CanLII):

The characterization of a Direction to Pay and Irrevocable Assignment of Proceeds as two parts of a single transaction is a finding of mixed fact and law. To interfere with it we must be satisfied there is a palpable and overriding error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33.

Other Questions


Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
Is a purchaser's agreement to forfeit a deposit directly to the vendor if a land sale transaction does not complete? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
In what circumstances will the court order the disclosure of documents to the petitioners in relation to transactions in which two parties have entered into separate transactions? (British Columbia, Canada)
Can a party in a commercial real estate transaction aborts the closing of the transaction and forfeits the deposit? (British Columbia, Canada)
Does an assignment constitute an assignment? (British Columbia, Canada)
Does a post-separation commercial transaction providing for the sale of shares awarded to the wife in the matrimonial proceeding to the husband be invalid? (British Columbia, Canada)
In what circumstances can a trustee seek direction from the court to proceed with an action in which the beneficiaries of the trust have been denied access to the trustee's funds? (British Columbia, Canada)
Does issue estoppel create unfairness through according preclusive effect to the results of a prior proceeding in a subsequent proceeding? (British Columbia, Canada)
What is the test for determining whether a transferor intended to complete a transaction at the time of the transaction? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.