What is the test for determining whether a party can be found to have obtained a gift from a private donor?
Alberta, Canada
The following excerpt is from Goodman Estate v. Geffen, 1989 ABCA 206 (CanLII):
In applying this test it is critical that the judge not ground his conclusion solely upon a finding that the donor understood the transaction and intended to make that gift. That is the error that the trial judge made in Csada v. Csada. The critical question is not what the intention was, but how it was produced. Was the intention free of the presumed influence?
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