What is the test for an individual to be found guilty of misusing his position as an expert in the gift giving context?
Saskatchewan, Canada
The following excerpt is from Kapacila (Litigation Guardian of) v. Otto, 2003 SKQB 437 (CanLII):
As our Court of Appeal indicated in Csada v. Csada, 1984 CanLII 2403 (SK CA), [1985] 2 W.W.R. 265, even if a court determines that an individual had an intention to make a gift and that intention was not brought about by any improper acts on behalf of the donee, that does not end the matter. At p. 279 it is noted: . . . He failed to consider whether the circumstances presented a situation of confidence and dependence on one side and advice and persuasion on the other, and whether such advice and persuasion, although not wrong or improper, amounted to undue influence. . . .
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