What is the test for establishing that a transfer of property is a gift?
Saskatchewan, Canada
The following excerpt is from Dyck Estate v. Olivier, 2010 SKQB 384 (CanLII):
However, the presumption of resulting trust is rebuttable by the transferee. If the transferee is able to prove that the transferor intended the transfer to be a true gift, the presumption of resulting trust is rebutted and the transfer is considered to be a gift. This principle was succinctly stated by Laskin J. in Goodfriend v. Goodfriend, 1971 CanLII 28 (SCC), [1972] S.C.R. 640 at 646: It is, of course, trite law, and has been since Dyer v. Dyer [(1788), 2 Cox 92, 30 E.R. 42], that where a person transfers his property into another’s name gratuitously a resulting trust in favour of the grantor is created and the transferee must prove, in order to retain title, that a gift was intended by the transferor. ...
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