Is there any intent necessary to avoid a transaction under the modern version of the Financial Conduct Authority?
British Columbia, Canada
The following excerpt is from Global Pacific Financial Services Ltd. v Canlas, 2021 BCSC 2419 (CanLII):
The only intent now necessary to avoid a transaction under the modern version of the [FCA] is the intent to “put one's assets out of the reach of one’s creditors” (per RBC v. Clarke). No further dishonest or morally blameworthy intent is required.
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