What is the burden of proving a gift to the recipient?
British Columbia, Canada
The following excerpt is from Otto v. Cueto, 2019 BCCRT 1386 (CanLII):
14. Under the law of gifts, once an applicant has proved a transfer, the burden shifts to the person receiving the transfer to establish it was a gift (see Pecore v. Pecore, 2007 SCC 17. It is also the law that once someone has made a true gift to another person, the gift cannot be revoked (Bergen v. Bergen, 2013 BCCA 492). I acknowledge the respondent’s submission that the applicant is trying to after-the-fact get back money she says he gave her outright or used to buy her things. However, under the law the respondent must prove the money spent was a gift in the first place.
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