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Gifts - Intention

. Buffa v. Giacomelli

In Buffa v. Giacomelli (Ont CA, 2026) the Ontario Court of Appeal dismissed an estates appeal, here brought against the dismissal of "an application seeking to set aside transfers ... that were made by his mother, Giuliana Buffa (“Giuliana”)to his sister ....", seeking to "have the funds clawed back into Giuliana’s estate, of which he is a beneficiary".

Here the court considered gifts and their 'intention':
[44] There can be a difference between an intention to make a gift and the “underlying motivation or purpose” for doing so: McNamee v. McNamee, 2011 ONCA 533, 106 O.R. (3d) 401: at para. 34. In McNamee, the trial judge had found that, despite evidence of the donor’s intention to gift shares to his sons, no gift had taken place because the donor’s motive for doing so was to protect his company from creditors. This court found that focusing on the donor’s motive to undermine his intention was an error.

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Last modified: 08-08-26
By: admin