What is the test for proving intent to defeat or delay creditors?
Ontario, Canada
The following excerpt is from Campeau v. Campeau, 2005 CanLII 8684 (ON SC):
In Beynon v. Beynon, supra, the court stated that “proof of intent to defeat or delay creditors usually involves drawing inferences from the circumstances surrounding the particular transaction.”
In Union Bank v. Tyson, [1915] B.C.J. No. 143 (B.C.S.C.) at para. 9, the court stated that the whole of the circumstances surrounding the execution of the conveyance have to be examined and then the court needs to ask the question whether the conveyance was in fact executed with the intent to defeat or delay creditors.
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