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Gifts - 'Perfection'

. Kavanagh v Lajoie

In Kavanagh v Lajoie (Ont CA, 2014) the court made it plain that a gift required 'perfection':
[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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Last modified: 22-11-22
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