Robertson v. Robinson

Robertson v. Robinson

The appellant failed to prove that the land in the wife's name was the beneficial property of the husband or that his payments created an equitable charge; similarly there was insufficient evidence to charge life insurance policies payable to the wife with premiums paid by the husband. Accordingly the property and policies were not exigible to satisfy the husband's creditors and the appeal must be dismissed.

Citation
[1929] SCR 175
Parties
Appellant / Plaintiff (creditors' Representative): Donald M. Robertson (on behalf of himself and all other creditors of George H. Robinson); Respondent / Defendant (wife): Esther M. Robinson; Respondent / Defendant (husband): George H. Robinson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 November 1928
Procedural Posture
Appeal to Supreme Court of Canada (creditors' Claim Concerning Property and Insurance of Debtor) / Hearing on Appeal From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Constructive/resulting Trust, Fraudulent Conveyance/attempts to Defeat Creditors, Charge on Property for Purchase Money or Improvements, Liability of Life Insurance Proceeds to Creditors, Evidentiary Burden to Prove Beneficial Interest
Source Language
English
Family Law Property Law Trusts and Equity Insurance Law Debt and Creditors Constructive/resulting Trust Fraudulent Conveyance/attempts to Defeat Creditors Charge on Property for Purchase Money or Improvements +2 more

Case Brief

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Parties

Donald M. Robertson (on behalf of himself and all other creditors of George H. Robinson)

Appellant / Plaintiff (creditors' Representative)

Esther M. Robinson

Respondent / Defendant (wife)

George H. Robinson

Respondent / Defendant (husband)

Procedural Posture

Appeal to Supreme Court of Canada (creditors' Claim Concerning Property and Insurance of Debtor) / Hearing on Appeal From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether land standing in the wife's name was the property of the husband or held on trust for him and therefore exigible to satisfy his creditors
  2. 2 Whether payments by the husband toward purchase, title improvements or benefits to property in the wife's name created a charge in favour of the husband's creditors
  3. 3 Whether life insurance policies on the husband's life payable to the wife are chargeable in favour of the husband's creditors to the extent of premiums paid by the husband

Ratio Decidendi

The appellant failed to prove that the land in the wife's name was the beneficial property of the husband or that his payments created an equitable charge; similarly there was insufficient evidence to charge life insurance policies payable to the wife with premiums paid by the husband. Accordingly the property and policies were not exigible to satisfy the husband's creditors and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs to the respondents.
  • No order charging the land standing in the wife's name in favour of the husband's creditors.