What is the test for establishing a fraudulent transaction?
Saskatchewan, Canada
The following excerpt is from Wagner v. Hartows, 1922 CanLII 117 (SK CA):
In Merchants Bank of Canada v. Clarke, 18 Gr. 594, at p. 595, Mowat, V.C. says: There is no evidence whatever except that of the parties themselves that the transaction was really a sale or that the alleged purchase money was paid; and it has frequently been observed, that transactions of this kind ought not to be held sufficiently established by the uncontradicted testimony of the parties to it.
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