Does the presumption of advancement apply to transfers from a father to a child?
Ontario, Canada
The following excerpt is from Saylor v. Brooks, 2005 CanLII 39857 (ON CA):
While it seems clear that the presumption of advancement applies to transfers from a father to a child, the jurisprudence is conflicted about whether it applies to transfers between a mother and child: see for example Edwards v. Bradley, 1957 CanLII 17 (SCC), [1957] S.C.R. 599. This case, given the facts, does not require that I enter into this debate. It is sufficient for my purposes to say that, at least between father and child, “the presumption appears to retain much of its original vigour”: Waters, supra, at 381.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If the father of a child attends Westminster, would the child attend the same school that the father's older child attends? (Ontario, Canada)
If a father's materials set out that he would assist in the mother continuing to have access to the child if the child was returned to the father, would the father's material set out to support the mother's access? (Ontario, Canada)
When a child seeks to deduct expenses from his father's income, does the child have to prove that the father’s income is taxable? (Ontario, Canada)
Does the presumption of advancement apply to gratuitous transfers of property from a wife to her husband? (Ontario, Canada)
What is the test for the presumption of advancement between a father and his dependent child? (Ontario, Canada)
When will a step-mother be awarded specified access to the child by the biological mother and father of the child? (Ontario, Canada)
Is a step-parent entitled to request that the biological father of the child be paid child support? (Ontario, Canada)
In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
Does the standard approach to child support apply during the time that each child was attending college or university? (Ontario, Canada)
