The Ontario Court of Appeal has considered again whether property that was supposedly the subject of a gift should be excluded from a husband’s net family property for the purposes of the Family Law Act (Ontario): see Buttar v Buttar, 2013 ONCA 517. I am always cautious about predicting when a court will find that the gift exclusion applies, and Buttar underlines why, not because the decision appears unreasonable or capricious, but because it emphasizes the fact-driven nature of the inquiry.
