What is the "common sense" approach to the test for giving someone a gift?

Alberta, Canada


The following excerpt is from Dube v. Young, 2012 ABPC 40 (CanLII):

This to me is the “common sense” approach, because a true gift requires proof of donative intent as “…historically our society has assumed that a person will part with his or her property only if he or she receives some value in return. Accordingly, when one receives ‘something for nothing’ as it were, the law will assume that person holds it for the benefit of the giver unless he or she proves that a gift was intended. The legal invention which codifies that principle is what is called the doctrine of resulting trust. Campbell v. MacKenzie, supra at para. 4.

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