How has the court considered the issue of gift/loan issue in the context of a previous gift/gift relationship?
British Columbia, Canada
The following excerpt is from Henderson v. Henderson, 1999 CanLII 2681 (BC SC):
In Patterson v. Robbins, [1999] B.C.J. No. 16 (B.C.S.C.) (QL) Bauman J. considered the gift/loan issue in the context of a number of advances to a couple by their parents over the course of their marriage. He observed: The respondent's mother did depose that her previous advances were in the nature of loans to her son and her daughter-in-law. However, such evidence is not at all compelling when it is only led after the breakdown of the marriage on the occasion of the division of property by the court and when it is not accompanied by any contemporary evidence of a loan. That observation is apt in the circumstances before me.
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