What is the burden of explanation in this fraudulent conveyance action?
Ontario, Canada
The following excerpt is from Rinaldo v. Rosenfeld (Trustee of), 2001 CanLII 5640 (ON CA):
The central issue in this appeal is whether the trial judge erred in applying the law relating to the burden of explanation in this fraudulent conveyance action. He correctly set out that law as stated in Koop v. Smith, [1915] 1 S.C.R. 533, which requires a sufficient showing both of the closeness of the relationship between the parties to the challenged conveyance and the suspiciousness of the circumstances surrounding the conveyance before the burden of explanation arises.
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