What is the test for an application to obtain a gift from the respondent in a personal injury case?
British Columbia, Canada
The following excerpt is from Otto v. Cueto, 2019 BCCRT 1386 (CanLII):
17. For there to be a legally effective gift, three things are required: an intention to donate, an acceptance, and a sufficient act of delivery. The context of the parties’ romantic relationship is relevant, but not determinative. The evidence needs to show that the intention of the items as gifts was inconsistent with any other intention (see Lundy v. Lundy, 2010 BCSC 1004). I find the weight of the evidence does not show the applicant intended to gift these amounts to the respondent.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
How has the Respondent Respondent dealt with a default judgment in a personal injury case? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
In a personal injury case, in what circumstances will the BCSC provide advice to the parties on organization and preparation of the personal injury trial? (British Columbia, Canada)
