Loan or Gift

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 | Disinherited Vancouver

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 - Disinherited

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?

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"

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?

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
Wills Variation Refused-Assets Passing Outside of Estate Sufficient

Parent Money to Children: Gift or Loan?

Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were
Gift or Loan?

Gift or Loan?

It is often difficult for the court to determine if advancements of funds from one party to another done orally and without witnesses is a gift or loan. Rosas v.
Litigation Loans

Litigation Loans

The spiralling costs of litigation has led to an increasing number of litigants and lawyers  having to seek litigation loans to fund the court case. It is not unheard of
Loan or Gift?

Loan or Gift?

In family environments it is often very difficult or near impossible for third parties such as a court to easily determine if that parental advancement of funds used to buy