Can evidence of intention that arises subsequent to a transfer be excluded if it does not comply with the Cartright rule?
British Columbia, Canada
The following excerpt is from Beam v. Mills Estate, 2015 BCSC 1269 (CanLII):
…Similarly, I am of the view that the evidence of intention that arises subsequent to a transfer should not automatically be excluded if it does not comply with the Shephard v. Cartright rule. Such evidence, however, must be relevant to the intention of the transferor at the time of the transfer: Taylor v. Wallbridge (1879), 1879 CanLII 1 (SCC), 2 S.C.R. 616. The trial judge must assess the reliability of this evidence and determine what weight it should be given, guarding against evidence that is self-serving or that tends to reflect a change in intention.
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