Simon's Legal Resources

(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Something Big

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS

(What's a Topic?)

Gifts - 'Perfection'

. Kavanagh v Lajoie

In Kavanagh v Lajoie (Ont CA, 2014) the court made it plain that a gift required 'perfection':
[12] We disagree with the appellant’s submission that Mr. Lajoie’s promise to give him Oakdale, followed by the creation of the joint tenancy, established an irrevocable inter vivos gift.

[13] For a gift to be valid and enforceable it must be perfected. In other words, the donor must have done everything necessary and in his power to effect the transfer of the property. An incomplete gift is nothing more than an intention to gift. The donor is free to change his mind. See Bergen v. Bergen [2013] B.C.J. No. 2552.

CC0

Unless authorship is otherwise stated or obvious from the context, all
written materials in this website were created by Simon Shields, who
waives all of his copyright and related or neighboring rights to this
Isthatlegal.ca webpage. Note in particular that this waiver only applies to
Simon's material, as copyright in statutory/regulatory materials and
case extracts were never his to give away.




Last modified: 22-11-22
By: admin