What is the burden placed upon the recipient of a gift?

British Columbia, Canada


The following excerpt is from Longmuir v. Holland, 1998 CanLII 6803 (BC SC):

In the case of an alleged gift, the onus placed upon the recipient is a heavy one, and must be met by proving a clear and unmistakable intention on the part of the benefactor to make a gift: McTaggart v. Boffo (1975), 1975 CanLII 351 (ON SC), 64 D.L.R. (3d) 441 (Ont.H.C.).

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