Is there a presumption that there was a gift by B.S.A.C. of the excluded funds?
British Columbia, Canada
The following excerpt is from B.S.D. v S.K.D, 2021 BCSC 2327 (CanLII):
S. emphasizes that regardless of the availability of the presumption it is open me to find that there was a gift by B. of the excluded funds. Unfortunately, the case she cited in support of that proposition - Namdarpour v. Vahman, 2017 BCSC 1189 at para. 73 – actually involved a finding that the spouses had gifted their respective settlement funds to each other, in order to jointly purchase property.
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