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
The following excerpt is from Jahnke v Jahnke, 2019 BCSC 1258 (CanLII):
Generally the evidence offered regarding the transferor’s intention should be contemporaneous with the transfer or close to it: Jafar-Gholizadeh v. Larijani, 2018 BCSC 279 at para. 36, citing Pecore at para. 56. In its quest to ascertain the transferor’s intention at the time of the transfer, the court can consider post-transfer conduct but caution should be exercised. As Rothstein J. noted in Pecore at para. 59: The trial judge must assess the reliability of this evidence and determine what weight it should be given, guarding against evidence that is self-serving or that tends to reflect a change in intention.
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