What is the test for determining the intent of a party in a gratuitous transfer case?

British Columbia, Canada


The following excerpt is from Krupa v. Krupa, 2008 BCSC 414 (CanLII):

In Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795, the court concluded that the presumption of advancement with respect to gratuitous transfers from parent to child is limited to transfers involving minor children. There is a presumption of resulting trust with respect to gratuitous transfers from a parent to an adult child. That presumption can be rebutted by evidence that the transfer was a gift. Justice Rothstein, speaking for the majority, described the approach to be taken as follows at para. 55: Where a gratuitous transfer is being challenged, the trial judge must begin his or her inquiry by determining the proper presumption to apply and then weigh all the evidence relating to the actual intention of the transferor to determine whether the presumption has been rebutted. It is not my intention to list all of the types of evidence that a trial judge can or should consider in ascertaining intent. This will depend on the facts of each case.

Other Questions


What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship? (British Columbia, Canada)
What is the impact of a transferor's intent to transfer a player when the transferor intended to transfer the player at the time of the transfer? (British Columbia, Canada)
What is the test for determining the intent of a party in a personal injury case? (British Columbia, Canada)
What is the burden of proving a transfer of funds to a different party when the transfer is not a gift? (British Columbia, Canada)
What is the test for determining the nature of a transfer of property between two parties? (British Columbia, Canada)
What is the test for determining whether a transferor's actual intention was to transfer a property? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
Does the presumption of resulting trust apply in the case of gratuitous transfers of property to adult children? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.