What is the test for determining whether a gift is a loan?

British Columbia, Canada


The following excerpt is from Wang v. Wang, 2007 BCSC 1288 (CanLII):

In Locke v. Locke, 2000 BCSC 1300, the court considered factors identified in the case law which provide indications as to whether the provision of funds is a gift or a loan. At para. 20, Wilson J. identified the following factors: (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 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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