What is the test for a transferor’s intention?
British Columbia, Canada
The following excerpt is from Pinsonneault v Courtney, 2022 BCSC 120 (CanLII):
Further, both the sufficiency of legal advice and a finding of undue influence will qualify a transferor’s intention: Bostrom v. Bigford, 2019 BCSC 79 at para. 98. In Fleming at para. 42, the court noted that it was “inappropriate for the solicitor to be acting for both parties to the transaction as they had “completely differing interests.”
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