“The transfers of funds that Ms. Samnani made to Mr. Galmani were clearly not in the nature of a gift. In Serra v. Serra, (2007), the elements of a gift were described as follows:
A gift is the voluntary transfer of property without consideration (Birce v. Birce (2001), 2001 CanLII 8607 (ON CA), 56 O.R. (3d) 226 (Ont. C.A.) at para. 17). It has the following elements: intention to transfer property; certainty as to the property to be transferred; certainty as to the recipient of the gift; and delivery and perfection of the gift by doing everything necessary to effect an irrevocable transfer (Ruwenzori Enterprises Ltd. v. Walji, [2004] B.C.J. No. 1147 (B.C. S.C.)): Serra v. Serra, 2007 CanLII 2809 ONSC.”