“In Colangelo v. Amore, 2010 ONSC 5657 (CanLII) D.M. Brown J. as he then was, reviewed an issue as to whether or not money advanced from a man to his then girlfriend was a gift or a loan. Justice Brown provided the following helpful principles that emerged from the caselaw:
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- Where one person transfers money to another in circumstances where the payor is not indebted to the payee or where no presumption of advancement arises, once the transfer is proved the burden then falls on the recipient of the money to show that it was not repayable. Para. 56.
- An inter vivosgift consists of a voluntary transfer of property from the true possessor to another with the full intention on the part of both donor and donee that the thing shall not be returned to the donor, but shall be retained by the donee as his or her own. Para. 57
- Three requirements are necessary to establish a valid gift inter vivos, (i) an intention to donate; (ii) a sufficent act of delivery; (iii) an acceptance of the gift. Para. 57
- If it is proven that the payment of money was made, the burden is on the recipient of the money to show that both parties knew and intended that the money not be repaid. Para. 59.
- The onus of proof to establish a valid gift rests on the donee. Para. 60
- The standard proof which the recipient of a thing must meet to establish that a transfer of the thing was an inter vivosgift is the general standard of proof on the balance of probabilities applicable to civil cases. Para. 62.”