What is the test for establishing that there is sufficient evidence to support a finding of fraud?
Alberta, Canada
The following excerpt is from Gerrow v. Dorais, 2010 ABQB 560 (CanLII):
I therefore find myself in a situation similar to that which existed in Krumm, where Romaine J. concluded that the most persuasive factor that lead to a finding of fraud was the relationship between the parties. Taking into consideration the law as set out by Romaine J. in Krumm, and in particular those cases which involved transactions between individuals and corporations that they controlled, I find that there exists sufficient suspicious circumstances, coupled with a close relationship, to raise a prima facie case justifying an inference of an intent to defraud: Koop v. Smith, at page 1205.
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