In what circumstances will a notarial deed be used to establish that a gift was not intended to be recorded as a gift?
Canada (Federal), Canada
The following excerpt is from Venneri v. The Queen, 2005 TCC 329 (CanLII):
It is quite clear that the facts in the instant case are in no way similar to those in Leclerc v. Canada, supra, in which I held that the improbation procedure should have been used since the claim had been made that a gift recorded by a notarial deed did not faithfully reflect the intentions of the parties.
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