Loan or Gift
Donative Intent and Gifts
Hsu v Hsu 2023 BCSC 683 discussed the law relating to donative intent in determining if a transfer of land for no consideration was a gift or a resulting trust.
Loan or Gift From Mom/ Dad To Newly Weds
I previously wrote on the “bank of mom and dad” and how they had an almost %100 failed collection rate when the wedding “gift” suddenly turns into a loan after
Gifts From Parents to Adult Children
In Pecore v. Pecore, 2007 SCC 17 the Court considered the presumption of advancement in the context of a gratuitous transfer from a parent to one of his adult children
S. 43 WESA: Gifts to Will Witnesses or Their Spouses
Prior to the introduction of WESA on March 31, 2014 the law was clear that the court had no discretion to allow for gifts to a will witnesses or to
Is It a Loan or a Gift?
Grenier v Williams 2020 BCSC 462 dealt with the law relating to an ongoing theme in estate litigation, namely when one party claims that the advancement of monies were a
Court Finds Gift Over Resulting Trust
Gully v Gully 2018 BCSC 1590 involved in a case where a mother transferred a one half interest in her home in 2015 to her son as joint tenant on
Loan or Gift Amongst Families
Zellweger v Zellweger 2018 BCSC 1227 discussed inter alia the criteria for determining if monies advanced within the family context are a loan or a gift. Zellweger cited Byrne v
Loan or Gift In the Family Context?
It is often very difficult to distinguish between loans and gifts in the family context. This has become a particularly common problem in recent years with the dramatic increase in
Deceit, Unjust Enrichment and the “Sugar Daddy”
Norkum v Fletcher 2018 BCSC 904 involved as a backdrop to the litigation sex for pay, opportunism, deceit and false expectations. The proceeding arose out of an 8 ½ year
Parental Monies to Children: Loan or Gift?
Weinhaupt v Paracy 2017 BCSC 1662 deals with an increasing phenomena- the advancement of funds by parents to children in order to assist in the financing of the purchase of