Is there a presumption of advancement between parents and adult children?

There is no presumption of advancement between parents and their adult children: Pecore v. Pecore, 2007 SCC 17. In this case, the burden is on the recipient to show the money was a loan and not a gift. The presumption of resulting trust does not exist in a claim between the claimant and respondent in this case. To require sharing of debt as family debt, the respondent is obliged to prove the money advanced was a loan and not a gift. As between the spouses, the recipient spouse cannot rely on the absence of the presumption of advancement. Here, there is insufficient evidence to establish the intention of the respondent’s late father. Except for a document about money he gave to the respondent and alleged to have been prepared by the respondent’s father after their separation, the evidence concerning the grantor’s intention comes only from the respondent. Overall the lack of clarity and detail in his testimony, his omission to record this debt in his first F-8 statement and the respondent’s credibility shortcoming, persuade respondent’s evidence unreliable on this point. If money was given to the respondent, I am unable to conclude what loan terms between the respondent and his father were agreed on.