What are the factors used to determine whether a parent has made a loan or advance?
Ontario, Canada
The following excerpt is from Douglas v Douglas, 2022 ONSC 585 (CanLII):
The Ontario Court of Appeal more recently reviewed the factors concerning monies advanced by parents in Chao v. Chao, 2017 ONCA 701, 99 R.F.L. (7th) 281, at para 54: 1. whether there [are] 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 demand for payment before the separation of the parties; 6. whether there has been any partial repayment; and 7. whether there was any expectation, or likelihood, of repayment.
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