What is the burden of proof in determining whether a scooter is a gift?
British Columbia, Canada
The following excerpt is from Gasson v. Dionne, 2019 BCCRT 1384 (CanLII):
17. Generally speaking, under the law of gifts the burden of proof is on the person alleging the item is a gift (see Pecore v. Pecore, 2017 SCC 17). In this case, the burden of proof is on the respondent. Three things are required for a legally effective gift: an intention to donate, an acceptance, and a sufficient act of delivery. There is no question that the scooter was delivered and accepted. The question is whether there was any intention to donate the scooter to the respondent.
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