What is the burden of explaining to a creditor or other person with interest in a property in suspicious circumstances?
British Columbia, Canada
The following excerpt is from B.A. v L.S., 2017 BCSC 1796 (CanLII):
Generally, where a person transfers assets to close relatives in suspicious circumstances, a rebuttable presumption arises that they did so to defeat a creditor or other person with an interest in the property. The parties to the transfer have a burden of explaining it. See Koop v. Smith (1915), 1915 CanLII 26 (SCC), 51 S.C.R. 554.
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