What is the test for establishing bona fides in transactions involving close relatives?
British Columbia, Canada
The following excerpt is from Canada Mortgage and Housing Corporation v. 447136 B.C. Ltd., 2014 BCSC 480 (CanLII):
Also relevant is the decision of Madam Justice McLachlin (as she then was) in Frimer v. Lercher, [1984] B.C.J. No. 728 (S.C.) who held that where there is a suspicious transaction between near relatives, the burden of establishing bona fides shifts from the plaintiff to the parties to the transaction. Madam Justice McLachlin noted that in such circumstances, the testimony of the parties must be carefully scrutinized and that it is seldom that such evidence can be acted upon without corroboration.
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