What are some types of evidence that may be relevant to determining the intent of a transferor?
British Columbia, Canada
The following excerpt is from Pinsonneault v Courtney, 2022 BCSC 120 (CanLII):
In Mawdsley v. Meshen, 2010 BCSC 1099 at para. 289, the court referenced Pecore in summarizing a non-exhaustive list of types of evidence that may be relevant to determining the transferor’s intent: a) evidence of the transferor’s intent arising subsequent to the transfer; b) the documents used for the transfer; c) the control and use of the relevant funds; d) whether a power of attorney had been granted to the transferee; and e) the manner in which the transferor treated the transferred asset for tax purposes.
"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 are the types of evidence relevant to determining the intention of the transferor? (British Columbia, Canada)
What types of evidence are available to the court in determining the intention of a transferor? (British Columbia, Canada)
What is the relevant evidence to support a claim that a transferor's intention was not to transfer at the time of the transfer? (British Columbia, Canada)
What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship? (British Columbia, Canada)
What is relevant but not determinative in determining the materiality of a procedure? (British Columbia, Canada)
What is the test for determining whether a piece of evidence is relevant, probative or capable of supporting a particular inference? (British Columbia, Canada)
What is the test for determining whether a transferor's actual intention was to transfer a property? (British Columbia, Canada)
What is the standard of evidence used to prove the intention of a party to a transferor? (British Columbia, Canada)
What is the relevant relevance and effect factor for admitting expert evidence at trial? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
