What is the test for determining whether a loan is a loan or a gift?

British Columbia, Canada


The following excerpt is from Puri v. Puri, 2011 BCSC 1734 (CanLII):

It is understood that the submission of the husband is that this money was a gift to both parties. He cites Gain v. Gain, 2010 BCSC 1832, where money advanced was found not to be a loan (although part of the money was found to be a gift to only one party, leading to reapportionment), and Maclean v. Milo, 2010 BCSC 1109, where money advanced was found not to be a loan (and was found to be a gift to one party, but in all the circumstances did not lead to reapportionment). The husband submits that nothing short of a fully secured mortgage will be considered a valid loan.

Other Questions


What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a gift is a loan or a gift? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What factors will be considered in determining whether funds advanced by parents to children were a presumed gift rather than a loan? (British Columbia, Canada)
What is the test for determining whether a gift is a loan? (British Columbia, Canada)
What is the test for determining whether an advance is a loan or a gift? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a loan was a gift or a loan? (British Columbia, Canada)
What is the test for determining whether a person intended to transfer a child as a gift? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.