684498 B.C. Ltd. v. Knutson

684498 B.C. Ltd. v. Knutson

The application is dismissed under Rule 18A because the matter raises significant credibility issues, complex legal questions and disputed facts that cannot be resolved on affidavit evidence; the dispute over beneficial ownership and equitable remedies must be resolved after a full trial with oral testimony.

Citation
2009 BCSC 401
Parties
Plaintiff: 684498 B.C. Ltd.; Defendant: Carlyle Eugene Knutson; Defendant: Heidi Esther Knutson (aka Heidi Esther Knutsen); Defendant: Margarete Ward (aka Margaete Ward); Defendant: Barry White; Defendant: Jacquie Christine Ward
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2009
Procedural Posture
Civil Property/trust Dispute Over Proceeds of Sale / Application Under Rule 18 a (summary Disposition)
Outcome
Application under Rule 18A dismissed as unsuitable; matter to proceed to trial
Legal Topics
Declaration of Trust, Constructive Trust, Unjust Enrichment, Rule 18 a Summary Disposition, Fraudulent Misrepresentation, Credibility Findings
Source Language
English
Property Law Trusts and Equity Civil Procedure Fraud Declaration of Trust Constructive Trust Unjust Enrichment Rule 18 a Summary Disposition +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

684498 B.C. Ltd.

Plaintiff

Carlyle Eugene Knutson

Defendant

Heidi Esther Knutson (aka Heidi Esther Knutsen)

Defendant

Margarete Ward (aka Margaete Ward)

Defendant

Barry White

Defendant

Jacquie Christine Ward

Defendant

Procedural Posture

Civil Property/trust Dispute Over Proceeds of Sale / Application Under Rule 18 a (summary Disposition)

Legal Issues

  1. 1 Whether the case is suitable for disposition under Rule 18A
  2. 2 Which party is the beneficial owner of the sale proceeds under the declaration of trust
  3. 3 Whether unjust enrichment or a constructive trust arises in favour of the defendants

Ratio Decidendi

The application is dismissed under Rule 18A because the matter raises significant credibility issues, complex legal questions and disputed facts that cannot be resolved on affidavit evidence; the dispute over beneficial ownership and equitable remedies must be resolved after a full trial with oral testimony.

Court Disposition

Application under Rule 18A dismissed as unsuitable; matter to proceed to trial

Orders

  • Application under Rule 18A dismissed
  • Proceed to a full trial in which parties appear and give viva voce evidence to determine entitlement to proceeds of sale