What is the test for evidence of intent to defeat, hinder or delay creditors?

Ontario, Canada


The following excerpt is from Bracebridge (Town) v. Grand, 2021 ONSC 7287 (CanLII):

It is typically uncommon to find direct proof of an intent to defeat, hinder or delay creditors. Rather, it is more common to find evidence of suspicious facts or circumstances (“badges of fraud”) from which the court may infer fraudulent intent. Bank of Montreal v. Bibi, 2020 ONSC 2948, at para. 21.

Other Questions


What is the intention of a debtor making a disposition that is intended to defeat, hinder or delay his creditors? (Ontario, Canada)
What is the test for determining whether a conveyance was executed with intent to delay or defeat creditors? (Ontario, Canada)
Is there a presumption that badges of fraud constitute a presumption of intent to defraud, defeat or delay creditors? (Ontario, Canada)
What is the test for proving intent to defeat or delay creditors? (Ontario, Canada)
If there was an intention to defeat creditors at the time of the conveyance, does that matter to present or future creditors? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
What is the effect of the legislation that declares an instrument that sought to be impeached void as against creditors if made with intent to give preference to creditors? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is settled intention and what is the definition of settled intention? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.