What is the test for including gifts in the calculation of income for the purposes of the purpose of the gifts?

Ontario, Canada


The following excerpt is from Seaton v. Zheng, 2013 ONSC 4469 (CanLII):

In determining whether it is appropriate to include gifts in income, the court will consider a number of factors, including: the regularity of the gifts; the duration of their receipt; whether the gifts were part of the family’s income during cohabitation that entrenched a particular lifestyle; the circumstances of the gifts that earmark them as exceptional; whether the gifts do more than provide a basic standard of living; the income generated by the gifts; whether the gifts are provided to an adult child through a crisis or period of disability; whether the gifts are likely to continue; and the true purpose and nature of the gifts (Bak v. Dobell at para. 75).

Other Questions


When is an annuity payment included in income for purposes of calculating child and spousal support? (Ontario, Canada)
What are the factors used by the courts to determine whether or not a portion of pre-tax corporate income should be included in a party's income for support purposes? (Ontario, Canada)
What is the test for imputing capital amounts into the calculation of income for the purposes of calculating support? (Ontario, Canada)
Is a spouse's income from a prior year considered when calculating the amount of income they received from a different employer when calculating support? (Ontario, Canada)
What is the Father's Income for the purpose of the Child Support Calculation? (Ontario, Canada)
Can a percentage of the "hard costs" associated with child support be deducted from rental income for the purpose of calculating child support? (Ontario, Canada)
Is RRSP income presumptively part of a spouse's income for child support purposes? (Ontario, Canada)
What is the impact of expert evidence on the calculation of income for child support purposes? (Ontario, Canada)
What is the test for establishing that a recipient of a lump sum of income is entitled to a change in the way his income is calculated? (Ontario, Canada)
Is a credit card agreement providing for interest at 2.4% per month calculated on the previous month’s balance calculated on a monthly basis calculated on an annual rate of 28.8%? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.