What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property?
British Columbia, Canada
The following excerpt is from El-Jaroudi v El-Mikati, 2020 BCSC 868 (CanLII):
The preponderance of evidence supports the respondent’s position that his interest in the Mazraa Property constitutes excluded property. Because equity presumes bargains, not gifts, there is a general presumption in the law that when one person gratuitously transfers property to another adult person, the recipient holds the property in trust for the donor: Hu v. Li, 2016 BCSC 2131 at para. 36. In this case, the presumption is borne out by the evidence.
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