What is the standard of evidence required by a party to attack a transfer of what is presumed to be an advance?
Ontario, Canada
The following excerpt is from Pecore v. Pecore, 2004 CanLII 5047 (ON SC):
30. The standard of evidence required by the person attacking the transfer of what is presumed to be an advance is to prove within a reasonable probability that there was no gift. Where the legal and beneficial rights in the property are indicated in writing it would take “very clear, cogent and convincing evidence of intention to cut down the interest of apparent, expressed intent” (Ingersoll v. Nettleton, [1956] O.W.N. 738 at 741).
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