What is the test for the presumption of gift in transactions involving non-blood related parties?

British Columbia, Canada


The following excerpt is from Sidhu v. Dhillon, 2003 BCSC 857 (CanLII):

The defendant relies on Sorg v. Sorg, 2001 BCSC 5 a decision of Madam Justice Sinclair-Prowse, where at ¶11 she states: Although the presumption of gift might apply to transactions between non-blood related parties, it will only apply if the evidence establishes that the relationship was tantamount to a close familiar relationship akin to a relationship such as a parent to child.

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