In what circumstances have courts considered a voluntary transfer without consideration?
British Columbia, Canada
The following excerpt is from Tropic Holdings v. Mah, 2000 BCSC 152 (CanLII):
In the case of Jack v. Parkinson et al (1994), 44 B.C.A.C. and 71 W.A.C. 314 (B.C.C.A.) Goldie J.A. had occasion to consider the situation where, as here, there was a voluntary transfer without consideration. At para. 15 of the judgment he stated the following: ... I do not overlook the fact that this was a voluntary transfer without consideration and that in those circumstances there is a presumption of fraud but it is a rebuttable presumption.
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