What are some cases where the court has ordered gifts returned?

British Columbia, Canada

The following excerpt is from Deis v. Law, 2002 BCPC 615 (CanLII):

I find helpful some of the cases that have been provided by claimants' counsel. Those cases where the court has ordered gifts returned bear little resemblance to the facts in the case at bar. In the case of Stewart v. Rundle (phonetic) (I need not discuss all the cases presented, there were too many of them, but this case was quoted extensively in claimants' counsel's submissions) at page 3, the court reviews the facts. The plaintiff is an old man, 83 years of age at the time of trial, mentally and physically more feeble than some persons of that age, with high blood pressure, given to melancholy following the illness and death of his wife, living with an adopted daughter for whom he probably had some affection but who was of a weak mentality and had been in the asylum. He was deprived, by the death of his wife, of the person who had been his business agent, who had looked after his banking as well as any other business which he might have had in neighbouring towns. The last paragraph says: I can only come to the conclusion that the plaintiff was in that mental condition which is sometimes referred to as his second childhood.

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