What is the test for determining whether funds advanced as a loan or a gift?

British Columbia, Canada


The following excerpt is from Gill v. Jaspal, 2010 BCSC 698 (CanLII):

A determination of whether funds were advanced as a loan or a gift necessarily turns on the unique facts of each case. Factors for consideration when the advancement at issue occurs in a family context have, however, been identified in several case authorities. These factors were summarised by Wilson J. in Locke v. Locke, 2000 BCSC 1300. After citing the relevant authorities, he stated:

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