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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Simon Shields, LLB

Property - Gifts

Kavanagh v Lajoie (Ont CA, 2014)

In this case the court stated as follows on the law respecting gifting:
[12] We disagree with the appellant’s submission that Mr. Lajoie’s promise to give him Oakdale, followed by the creation of the joint tenancy, established an irrevocable inter vivos gift.

[13] For a gift to be valid and enforceable it must be perfected. In other words, the donor must have done everything necessary and in his power to effect the transfer of the property. An incomplete gift is nothing more than an intention to gift. The donor is free to change his mind. See Bergen v. Bergen [2013] B.C.J. No. 2552.

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