What is the legal test for determining whether an assignor has been found to be fraudulent in the assignment of a property?
British Columbia, Canada
The following excerpt is from Bernard v. Weiss, 1986 CanLII 899 (BC SC):
The consideration a court should take into account in resolving such an issue has been delineated in a number of decisions. In Koop v. Smith (1915), 1915 CanLII 26 (SCC), 51 S.C.R. 554, 8 W.W.R. 1203, 25 D.L.R. 355 [B.C.], Idington J. stated at p. 556: These cases of alleged fraudulent assignment must generally depend largely upon the view of the facts taken by the trial judge. It is quite competent for him, if impressed with the veracity of the assignor, to accept and act upon his unsupported statement. The transaction and established surrounding circumstances might be such as to justify his doing so. Or, on the other hand, they might be such as to render his doing so questionable.
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