Law360 Canada ( March 13, 2026, 9:37 AM EDT) -- Appeal by Yapi ve Kredi Bankasi Anonim Sirketi (YK Bank) from a decision dismissing its application to set aside a consent discontinuance in a fraudulent conveyance action. The action was commenced in 2013 (2013 action) by Şekerbank against Arslan and Al‑Katib. Şekerbank alleged that Arslan transferred AGTI shares to Al‑Katib as trustee to defeat creditors. A preservation order was granted in 2013. Alternatifbank A.Ş. (AB Bank) was added as a plaintiff in 2017. Şekerbank settled in 2022, leaving AB Bank as sole plaintiff. Arslan and Al‑Katib applied to strike AB Bank’s claim on limitation grounds. YK Bank, another Turkish creditor with a registered foreign judgment, applied to be added or substituted as plaintiff. Before that application was heard, AB Bank with the consent of Arslan and Al‑Katib wholly discontinued the 2013 action. YK Bank then applied to strike the discontinuance which was dismissed. YK Bank argued the judge undermined its joinder application and ignored the representative nature of fraudulent conveyance actions. It asserted the judge erred by reasoning that granting its application would force AB Bank to litigate and by failing to recognize creditors’ rights to substitute a representative plaintiff. Arslan and Al‑Katib maintained AB Bank acted within its rights, that YK Bank lacked standing as a non-party, and that no case law supported setting aside a consent discontinuance at the request of a stranger. The issues were whether the judge erred in law or made palpable and overriding factual errors in dismissing YK Bank’s application....