What is the effect of a transfer when determining fraudulent intention?
British Columbia, Canada
The following excerpt is from Global Pacific Financial Services Ltd. v Canlas, 2021 BCSC 2419 (CanLII):
The effect of a transfer is a key factor when determining fraudulent intention: Cabaniss v. Cabaniss, 2009 BCSC 1478 at para. 53. In this regard, the intent to put assets out of the reach of creditors is persuasively shown where the transfer has the effect of putting assets out of reach of creditors. In Abakhan, the court held:
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