What is the burden of proving a transfer of funds under the law of gifts?
British Columbia, Canada
The following excerpt is from Miller v. Miller, 2020 BCCRT 448 (CanLII):
22. 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: Pecore v. Pecore, 2007 SCC 17. A key component of a gift is the transferor’s intent to donate: Bergen v. Bergen, 2013 BCCA 492.
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