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

In Locke v. Locke, 2000 BCSC 1300, [2000] B.C.J. No. 1850 (S.C.) the court distilled from a number of authorities the following list of factors which may be applied in determining whether an advance was a loan or a gift: 1. whether there were any contemporaneous documents evidencing a loan; 2. whether the manner for repayment is specified; 3. whether there is security held for the loan; 4. whether there are advances to one child and not others, or advances of unequal amounts to various children; 5. whether there has been any partial repayment; and 6. whether there was any expectation, or likelihood, of repayment.

In Buddingh v. Pilon, 2002 BCSC 1123, [2002] B.C.J. No. 1762 Gray J. referred to Locke v. Locke and also noted two further factors; the absence of any demand for payment before the separation of the parties and the failure to disclose the “loan” in credit applications.