What is the burden of proving that there is intent and presumptions of fraud?
British Columbia, Canada
The following excerpt is from Vancouver Coastal Health Authority v Moscipan, 2017 BCSC 2339 (CanLII):
On the question of presumptions and intent, once “badges of fraud” are shown to be present, a presumption of fraud arises. While the burden of proof remains with the plaintiff, an evidentiary burden lies with the parties to the conveyance to explain the circumstantial evidence of fraud: Kelly v. Gonzalez, 2014 BCSC 1269 at paras. 41-42.
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