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Court of Appeal emphasizes deliverability element of gifts

Friday, November 03, 2017 @ 9:15 AM | By Amanda Jerome

The Ontario Court of Appeal upheld a lower court’s decision that a cheque given as a gift was not enforceable because it didn’t meet the element of deliverability.

Andrew Keesmaat, Agro Zaffiro LLPIn Teixeira v. Markgraf Estate 2017 ONCA 819, the court heard that the appellant, Arlindo Teixeira, was a dutiful neighbour to Mary Markgraf for almost 15 years. He helped her by driving her to the store for groceries and to the bank.

According to court documents, Markgraf made a will bequeathing Teixeira $100,000. She...