Whether a transaction was intended to defeat creditors is a question of fact?
British Columbia, Canada
The following excerpt is from Firstar Investment & Financial Co. Ltd. v. Xu, 2017 BCSC 271 (CanLII):
Whether a transaction was intended to defeat creditors is a question of fact, but the court may consider certain indicia or “badges of fraud”. Frimer v. Lercher, [1984] B.C.J. No. 728 (S.C.) at para. 12 lists those indicia as follows: (1) The state of the debtor's financial affairs at the time of the transaction, including his income, assets and debts; (2) The relationship between the parties to the transfer; (3) The effect of the disposition on the assets of the debtor, i.e. whether the transfer effectively divests the debtor of a substantial portion or all of his assets; (4) Evidence of haste in making the disposition; (5) The timing of the transfer relative to notice of debts or claims against the debtor; (6) Whether the transferee gave valuable consideration for the transfer.
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