What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer?
British Columbia, Canada
The following excerpt is from McEwan v. McEwan, 2014 BCSC 916 (CanLII):
It is the actual intention of the transferor at the time of the transfer that is relevant: see Pecore, at para. 5. All evidence relevant to the intent of the transferor at the time of the transfer, not excluded by a rule of evidence, is admissible: see Doucette v. McInnes, 2009 BCCA 393, at para. 56. This can include evidence subsequent to the transfer, control and use of funds in the account and the granting of a power of attorney. The court must weigh all of the evidence relating to the transferor’s actual intention to determine whether the presumption of resulting trust has been rebutted: see Pecore, at para. 55.
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