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ARTICLE · 15 SEPTEMBER 2025

Comments On Balkisson v. Sandy, 2025 ONSC 856

Lindsay Kenney LLP
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This case demonstrates the importance of getting legal advice and getting planning done when a parent decides to transfer a property to a child.

CanadaFamily and Matrimonial
Timothy N. Grier
Timothy N. Grier

This case demonstrates the importance of getting legal advice and getting planning done when a parent decides to transfer a property to a child. It is also a good demonstration of the fundamentals of how the courts in Canada work through the governing law set out in Pecore v. Pecore, 2007 SCC 17. Pecore v. Pecore is a Supreme Court of Canada case that considers, amongst other things, when a transfer is a gift. There are three elements required:

  1. the transferer's intention to make a gift;
  2. acceptance of the gift by the transferee; and
  3. sufficient act of transfer.

Below is a simplified description of the essential facts in Balkisson v. Sandy, 2025 ONSC 856

  • Veronica (the Mother) sold a property, and from those the net sale proceeds, she told her two sons, Stephen and Ricky, that they would receive between $400,000.00- $420,000.00. She put language to this effect in a handwritten Will done at that time.

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About Mackrell International – Canada - Lindsay Kenney LLP is a full service business law firm with offices in Vancouver and Langley, BC and a member of Mackrell International. Mackrell International – Canada is comprised of four independent law firms in Alberta, British Columbia, Ontario and Quebec. Each firm is regionally based and well-connected in our communities, an advantage shared with our clients. With close relations amongst our Canadian member firms, we are committed to working with clients who have legal needs in multiple jurisdictions within Canada.

This article is intended to be an overview and is for informational purposes only.

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