• Print
  • gift accounts for 6 out of 736 casebriefs.

Style of causeRatio

Brown v Rotenberg et. Al. [1946] OR 363-376.

To complete delivery, one must give over that which gives effective control/dominion over the thing, e.g. keys.

Cochrane v Moore (1890), 25 QBD 57.

Actual physical delivery of chattel is required for a gift, but there are exceptions like deeds, and cases where possession may transfer without deliver (e.g. where person already had effective control but without ownership).

Kooner v Kooner, [1979] BCJ no 84.

No, transfer is not sufficient to establish delivery of a gift where actions such as effort to retain control demonstrate an absence of intention to give.

Pecore v. Pecore, 2007 SCC 17

A presumption of resulting trust is the general rule for gratuitous transfers. A presumption of advancement will apply only to gratuitous transfers from parents to minor children.

Re Cole ([1964] 1 Ch 175, (CA).

The action required to transfer possession is relative to subject matter but must unambiguously demonstrate a change in custody. If ambiguous then look at title.

Re Zachariuc (Chevrier v. the Public Trustee) (1984) 16 ETR 152.

Turning over effective control through secret knowledge constitutes transfer.