What factors have the courts considered in determining whether to grant a conditional discharge of a child loan?
British Columbia, Canada
The following excerpt is from Manhas v. Manhas, 2008 BCSC 1175 (CanLII):
In Locke v. Locke, 2000 BCSC 1300, A.F. Wilson J. reviewed a number of cases and listed factors the courts have considered in such cases: 1. whether there were any contemporaneous documents evidencing a loan; 2. whether the manner for repayment is specified; 3. whether there is security held for the loan; 4. whether there are advances to one child and not others, or advances of unequal amounts to various children; 5. whether there has been any demand for payment before the separation of the parties; 6. whether there has been any partial repayment; and 7. whether there was any expectation, or likelihood, of repayment.
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