What is the test for a fraudulent conveyance action?
Ontario, Canada
The following excerpt is from FL Receivables Trust 2002-A v. Cobrand Foods Ltd., 2007 ONCA 425 (CanLII):
The court, however, is not compelled to draw this inference of fraudulent intent from badges of fraud pleaded by the plaintiff. See Koop v. Smith (1915), 1915 CanLII 26 (SCC), 51 S.C.R. 554, [1915] S.C.J. No. 34, at pp. 558-59 S.C.R. The court may dismiss a fraudulent conveyance action because it has decided that the surrounding circumstances taken as a whole explain away the plaintiff's evidence. It seems to me that is what the trial judge did in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dischargeing a certificate of pending litigation based on an action for fraudulent conveyance when no judgment has been issued? (Ontario, Canada)
What is the burden of explanation in this fraudulent conveyance action? (Ontario, Canada)
Is it possible for a shareholder-plaintiff in an oppression action to continue the action without paying interim costs? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
Can a purchaser bring an action on conditions and warranties contained in the deed of conveyance? (Ontario, Canada)
What is the test for an action in which an action has a reasonable possibility of success? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
Is not necessary for a party to impeach a conveyance to prove that it was not a creditor at the time of the conveyance? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
