What is the test for giving a person a gift?
Alberta, Canada
The following excerpt is from Dube v. Young, 2012 ABPC 40 (CanLII):
With respect to the green bike, I find that the Defendant has not met her burden of showing that it was a gift. Firstly, it must be emphasized that donative intent requires “a clear and unmistakable intention on the part of the transferor…” to give a particular item of property to the transferee (Uphadyhaha v. Sehgal, [2000] O.J. No. 3508).
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