What is the test for a transfer of property for no consideration?
British Columbia, Canada
The following excerpt is from Freeland v Farrell, 2021 BCSC 1318 (CanLII):
Where a transfer of property is made for no consideration, the transferor must have intended either to give the interest in the property (a gift) or retain it (a trust): Nishi v. Rascal Trucking, 2013 SCC 33, at para. 27. Whether a co-purchaser gave valuable consideration for the transfer is a question of fact to be determined on the evidence in each case: Bajwa at paras. 16 and 18.
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