What is the standard of evidence used to prove the intention of a party to a transferor?
British Columbia, Canada
The following excerpt is from Wood v. Porter, 2015 BCSC 2354 (CanLII):
The traditional rule is that evidence to show the intention of the transferor “ought to be contemporaneous, or nearly so”, to the transaction (Clemens v. Clemens Estate, 1956 CanLII 3 (SCC), [1956] S.C.R. 286 at 264). However, Rothstein J. held in Pecore that evidence subsequent to a transfer should not be excluded if it is relevant to the intention of the transferor at the time of transfer (at para. 59).
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