In what circumstances will a transaction between a husband and wife be considered a fraudulent?
Saskatchewan, Canada
The following excerpt is from Wagner v. Hartows, 1922 CanLII 117 (SK CA):
In Langley v. Beardsley, 18 O.L.R. 67, at p. 72, where a transaction between husband and wife was attacked, Anglin, J. said: In transactions between relatives having the effect of defeating the claims of creditors, if the circumstances are suspicious, the onus is shifted to the purchaser of establishing judicially the bona fides of the transaction.
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