Does a presumption of advancement need to be rebutted?
British Columbia, Canada
The following excerpt is from Mordo v. Nitting et al, 2006 BCSC 1761 (CanLII):
In Clarke v. Hambly (2002), 46 E.T.R. (2d) 166, 2002 BCSC 1074 [Clarke v. Hambly], Kirkpatrick J. (as she then was) dealt with presumptions of advancement in the case of a gift by a mother to her daughter, and found that the presumption of advancement was not rebutted. In that case, the parties agreed there was a presumption of advancement when the gift was made by the mother. Kirkpatrick J. dealt only with the issue of whether the presumption was rebutted.
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