What is the test for determining the nature of a transfer of property between two parties?
British Columbia, Canada
The following excerpt is from Sparks v. Griggs et al, 2000 BCSC 1164 (CanLII):
The law is clear that the nature of a transaction such as this is to be determined as at the time that it took place. Biljanic v. Biljanic Estate, (1994) 4 E.T.R. 253. Regardless of subsequent events the critical time for determining the nature of the transaction, and the intention of the parties, is at the time of the initial transfer.
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