What is the test for fraudulent conveyances?

Ontario, Canada


The following excerpt is from Morrison v. Morrison, 2010 ONSC 6268 (CanLII):

Counsel for the respondent relies heavily on case law surrounding the law of fraudulent conveyances. In his written summary, he quotes extensively from Campeau v. Campeau, 2005 CanLii 8684 (On S.C.), in the following language: In a transaction between parties in a close relationship carried out in suspicious circumstances, there is a case of res ipsa loquitur which a tribunal will generally treat as a sufficient prima facie case. Corroboration of the bona fides of the transaction from a person not a party to the transaction will generally be required.

Other Questions


What is the test for dischargeing a certificate of pending litigation based on an action for fraudulent conveyance when no judgment has been issued? (Ontario, Canada)
Is not necessary for a party to impeach a conveyance to prove that it was not a creditor at the time of the conveyance? (Ontario, Canada)
What is the test for a fraudulent conveyance action? (Ontario, Canada)
What is the burden of explanation in this fraudulent conveyance action? (Ontario, Canada)
What is the definition of fraudulent concealment? (Ontario, Canada)
What are the red flags of a fraudulent scheme? (Ontario, Canada)
What constitutes “other fraudulent means” in the context of corporate fraud? (Ontario, Canada)
If a fiduciary relationship between a financial advisor and a client has been found to be fraudulent, what are the reasons why, if any, would the courts and society support such an effort? (Ontario, Canada)
What is the test for a pleading of fraudulent misrepresentation? (Ontario, Canada)
In what circumstances will a lawyer be struck off his licence for fraudulent real estate transactions? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.