What is the test for determining whether a transferor's actual intention was to transfer a property?

To ascertain a transferor’s actual intention, the court must weigh all of the relevant evidence, both direct and circumstantial (Harshenin v. Khadikin, 2015 BCSC 1213 at para. 44). The traditional rule required evidence of the transferor’s intention at the time of the transfer to “‘be contemporaneous, or nearly so’, to the transaction” (Pecore at para. 56). Evidence of intention that arises subsequently is no longer automatically excluded, so long as it is relevant. Such evidence must, however, be approached cautiously with a view to guarding against self-serving evidence or placing undue weight on evidence that may reflect a change of intention (Pecore at para. 59).