What types of evidence are available to the court in determining the intention of a transferor?
British Columbia, Canada
The following excerpt is from Chung v. La, 2011 BCSC 1547 (CanLII):
In Doucette v. McInnes, 2009 BCCA 393 at paragraphs 56-64, Madam Justice Ryan referred to some of the types of evidence germane to ascertaining intention including (1) evidence subsequent to the transfer; (2) the documentary record as it relates to the asset; (3) control and use of the property; (4) other legal instruments; and (5) tax treatment. In Mawdsley v. Meshen, 2010 BCSC 1099, Ballance J. likewise reviewed the decision in Pecore and, at para. 289, enumerated the same types of evidence properly available to the court in ascertaining the transferor’s intention. Although those factors were phrased in the context of joint accounts, similar considerations, mutatis mutandis, apply in the real property context.
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