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Ontario Court of Appeal highlights importance of intent in gratuitous transfers

Friday, September 01, 2017 @ 02:08 PM | By Amanda Jerome

In a property dispute case between a common law couple involving a line of credit, the Ontario Court of Appeal has determined that an application judge erred on the question of intent regarding a gratuitous transfer.

Zohar Levy, Fasken Martineau DuMoulin LLPIn Chechui v. Nieman 2017 ONCA 669, the court heard that the appellant, Ian Nieman, and the respondent, Victoria Chechui, met and started dating in 2009. At the beginning of their relationship Chechui was residing in Toronto in her own house and made approximately $160,000...