What is the burden of proof against the recipient of a transfer of funds from a parent to a minor?

Where money is transferred between family members, such as in the case of a transfer between spouses or a transfer from a parent to a child who is a minor it is presumed that the money is transferred as a gift. This presumption does not apply in the case of family transfers where both are adults. In those cases, the law presumes that the adult recipient is obliged to repay the money to the other family member. These are simply presumptions, and they can be rebutted by proof to the contrary. The burden of proof rests with the party seeking to rebut the presumption, on a balance of probabilities. (See Proznik and Smith v. Proznik, 2011 BCPC 300).