What is the legal test for fraudulent conveyance of property?
British Columbia, Canada
The following excerpt is from Bailie v. Bailie, 2010 BCSC 946 (CanLII):
Where the consideration is inadequate or nominal, a creditor need only show that the transferor intended to delay, hinder or defraud the creditor (or other) of his or her remedies. Where on the other hand, valuable consideration has passed, the creditor must also show that the transferee actively participated in the fraud. Where valuable consideration has passed, then the focus is not on the sufficiency of that consideration, but on the intentions of both parties to the transaction: Chan v. Gresham, 2002 BCCA 474 at paras. 20, 21. Fraudulent conveyance of Salisbury Avenue property
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