Is a loan not a loan?
British Columbia, Canada
The following excerpt is from Fawcett v. Western Canadian Coal Corp., 2009 BCSC 446 (CanLII):
An “advance” is not necessarily a loan. In London Financial Association v. Kelk (1884) 26 Ch. Div. 107, Bacon, V.C. held at p. 136: The words “advancing” and “lending” may each have a different signification; money may be “advanced” without being “lent”; the relation of borrower and lender does not exist in a great variety of the transactions that are distinctly authorized.
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