What is the burden of proving a transfer of funds to a different party when the transfer is not a gift?
British Columbia, Canada
The following excerpt is from Myra v. Allemeersch, 2020 BCCRT 1464 (CanLII):
14. Under the law of gifts, once an applicant has proved a transfer, the burden shifts to the person receiving the transfer to establish it was a gift (see Pecore v. Pecore, 2007 SCC 17. It is also the law that once someone has made a true gift to another person, the gift cannot be revoked (Bergen v. Bergen, 2013 BCCA 492).
15. For there to be a legally effective gift, three things are required: an intention to donate, an acceptance, and a sufficient act of delivery. The context of the parties’ relationship is relevant, but not determinative. The evidence needs to show that the intention of the items as gifts was inconsistent with any other intention (see Lundy v. Lundy, 2010 BCSC 1004).
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