Does a transferor have to relinquish his ownership of property to the transferee?
Canada (Federal), Canada
The following excerpt is from Lemire v. The Queen, 2012 TCC 367 (CanLII):
Thus, it appears that, under the doctrine propounded in Fasken, St. Aubyn and Dunkelman that in order for there to be a transfer of property for the purposes of the attribution rules, it is indispensable that the transferor relinquish his ownership and that the property pass to the transferee. Mere possession of property does not satisfy this condition because a transfer “is a juridical act the consequence of which is the transfer of the ownership of the property which is the subject of the transfer. In other words, the transferred property changes patrimonies. The property leaves the patrimony of the transferor to become part of the patrimony of the transferee . . .” (see Doucet v. The Queen, 2007 D.T.C. 1029 at paragraphs 23-24).
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