What is the test for an individual to be considered a gift?
British Columbia, Canada
The following excerpt is from Van Diest v. Gregg, 2019 BCCRT 1371 (CanLII):
14. 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’ somewhat casual friendship at the time of the alleged gift 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). I find the weight of the evidence does not show the applicant intended to gift the trip to the respondent.
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