Is there a presumption that badges of fraud constitute a presumption of intent to defraud, defeat or delay creditors?
Ontario, Canada
The following excerpt is from Ernst & Young Inc. v. Aquino, 2021 ONSC 527 (CanLII):
The existence of badges of fraud creates a rebuttable presumption of the intention to defraud, defeat or delay creditors. The onus then shifts to those defending the fraud to adduce evidence to show the absence of fraudulent intent: Purcaru v. Seliverstova, 2015 ONSC 6679, 69 R.F.L. (7th) 388 at para. 57.
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