What is the test for proof of dishonest intent or mala fides in the context of a winding-up petition?
British Columbia, Canada
The following excerpt is from Balfour v Tarasenko, 2019 BCSC 2212 (CanLII):
While proof of a dishonest intent or mala fides is not necessary, there must be evidence of an intention to put assets out of the reach of creditors or there must be evidence upon which such an intention can be inferred. The simple fact that a transaction had the effect of delaying, hindering, or defrauding creditors is not sufficient (see Mawdsley v. Meshen, 2012 BCCA 91, leave to appeal ref’d [2012] S.C.C.A. No. 182).
"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 is the test for malicious intent in the context of an appeal against the findings of a finding of malicious intent? (British Columbia, Canada)
How have the courts interpreted "common intention" in the context of a common intention claim? (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)
Is intent relevant to the meaning of the words "intention" in the context of a contract? (British Columbia, Canada)
What is the common intention of the parties in the context of the acquisition, preservation and improvement of a property? (British Columbia, Canada)
What is the standard of proof of intent to steal funds from a lawyer's personal account? (British Columbia, Canada)
How have the courts interpreted the evidentiary presumptions in the context of an allegation of intent to pervert the course of justice? (British Columbia, Canada)
What is the law governing a variation in custody where the intention of the custodial parent to relocate was the intention to relocate? (British Columbia, Canada)
What is the standard of proof and onus of proof in law? (British Columbia, Canada)
Can evidence of fraudulent intent and fraudulent intent impeach a transfer for good consideration? (British Columbia, Canada)
