What is the test for evidence of intention that arises subsequent to a transfer?
Ontario, Canada
The following excerpt is from J.L.S. v. D.B.S., 2016 ONSC 1704 (CanLII):
Regarding evidence subsequent to the transfer, the evidence of intention that arises subsequent to a transfer must be relevant to the intention at the time of the transfer. The trial judge must assess the reliability of this evidence and determine the weight to be given, guarding against evidence that is self-serving or reflects a change in intention (Pecore v. Pecore, supra, at paras. 56-59).
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