Indicia of delivery
 The most obvious form of delivery is the actual physical
transfer of the subject matter of the gift from the donor to
the donee such that the gift is literally given away: see Ziff,
at p. 161.
 However, in certain circumstances, such as where the
item is unwieldy, courts have acknowledged that constructive
delivery will suffice. In these cases, the critical questions have
been whether or not the donor retained the means of control and
whether all that could be done had been done to divest title in
favour of the donee: see Ziff, at p. 165.
 Ultimately, in order for a gift to be valid and enforceable,
the donor must have done everything necessary and in his or
her power to effect the transfer of the property: Kavanagh v.
Lajoie,  O.J. No. 1120, 2014 ONCA 187, 317 O.A.C. 274,
at para. 13.
Gifts by cheque
 A gift of cash can be readily effected by delivery to the
donee. But a gift of money by cheque can be problematic, due to
the nature of a cheque. A cheque is not money. Nor is it a transfer of property. It is a direction by the drawer (the bank’s customer) to the drawer’s bank to pay a sum of money to the payee:
Bernard (Re),  O.J. No. 792, 2 O.W.N. 716 (Div. Ct.),
at p. 717 O.W.N. The direction can be revoked by the drawer at
any time — for example, by a “stop payment” order, referred to
in s. 167 of the BEA as “countermand”. Under s. 167, the bank’s
authority to pay the cheque is terminated by countermand or
when the bank receives notice of its customer’s death: McLellan
v. McLellan (1911), 25 O.L.R. 214,  O.J. No. 30 (Div. Ct.),
at p. 216 O.L.R.; Beaumont (Re),  1 Ch. 889, at p. 894.1
 For these reasons, a gift by cheque is not complete when
the cheque is given to the donee. It is only complete when the
cheque has been cashed or has cleared: see Ziff, at p. 166. Thus,
in Campbell v. Fenwick,  O.R. 692,  O.J. No. 285
(C.A.), a cheque given to the donee three days before the donor’s
death and cashed a day before her death was found to be a valid
inter vivos gift of the amount of the cheque.
1 Under the BEA, it is not the death of the customer, but notice of the death to
the bank, that operates to revoke the bank’s authority to pay. Where a
cheque is cashed after the death of the donor, but before the bank received
notice thereof, it has been held that the gift is valid and complete: Kendrick
v. Dominion Bank (1920), 47 O.L.R. 372,  O.J. No. 148 (H.C.).