What is the test for gratuitous transfer?
Manitoba, Canada
The following excerpt is from Plishka et al. v. Wiebe, 2011 MBQB 23 (CanLII):
The defendant did not take much issue on the law. She relies on Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795 at para. 55 which states: Where a gratuitous transfer is being challenged, the trial judge must begin his or her inquiry by determining the proper presumption to apply and then weigh all the evidence relating to the actual intention of the transferor to determine whether the presumption has been rebutted. …
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