What is the test for a motion to include receipt of gifts as income?

Ontario, Canada


The following excerpt is from Almeida v. Almeida, 2012 ONSC 4074 (CanLII):

Both counsel on the motion relied on Bak v. Dobell 2007 ONCA 304 (CanLII), [2007] O.J. No. 1489 at paragraph 75, setting out the factors a court will consider in determining whether it is appropriate to include receipt of gifts as income: • the regularity of the gifts; the duration of their receipt; • whether the gifts were part of the family's income during cohabitation that entrenched a particular lifestyle; • the circumstances of the gifts that earmark them as exceptional; • whether the gifts do more than provide a basic standard of living; • the income generated by the gifts in proportion to the payor's entire income; • whether they are paid to support an adult child through a crisis or period of disability; • whether the gifts are likely to continue; • and the true purpose and nature of the gifts.

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