Krys v. Krys

Krys v. Krys

The trial judge's factual findings that the 1914 conveyance of the homestead was held by the son in trust for the father are entitled to deference and should be restored; on the facts the 1925 memorandum did not estop the father because the parent-child relationship and surrounding circumstances raised a presumption of undue influence that the son failed to rebut; there was no proven intent to defeat creditors and the homestead is protected by the Alberta Exemptions Act, so equitable reconveyance and removal of encumbrance should be ordered as to the homestead.

Citation
[1929] SCR 153
Parties
Plaintiff (appellant): Wasyl Krys; Defendant (respondent): Anton Krys
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1928
Procedural Posture
Appeal From Appellate Division of the Supreme Court of Alberta (title to Land) / Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal allowed in part. Trial judgment restored in favour of plaintiff with respect to the homestead; trial judgment as to the other parcels stands (plaintiff's claims dismissed as to those). Costs awarded to plaintiff here and in the Appellate Division except costs of plaintiff's cross-appeal in the Appellate...
Legal Topics
Constructive Trust, Undue Influence and Presumption of Confidence, Estoppel by Recital, Fraudulent Conveyance/attempt to Defeat Creditors, Homestead Exemption
Source Language
English
Property Law Trusts and Fiduciary Obligations Equity Constructive Trust Undue Influence and Presumption of Confidence Estoppel by Recital Fraudulent Conveyance/attempt to Defeat Creditors Homestead Exemption

Case Brief

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Parties

Wasyl Krys

Plaintiff (appellant)

Anton Krys

Defendant (respondent)

Procedural Posture

Appeal From Appellate Division of the Supreme Court of Alberta (title to Land) / Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the homestead conveyed by father to son was held by the son in trust for the father and should be reconveyed
  2. 2 Whether a memorandum reciting son's ownership estopped the father from claiming an equitable title
  3. 3 Whether the parent-child relationship and surrounding circumstances give rise to a presumption of undue influence shifting the onus to the son to prove voluntariness

Ratio Decidendi

The trial judge's factual findings that the 1914 conveyance of the homestead was held by the son in trust for the father are entitled to deference and should be restored; on the facts the 1925 memorandum did not estop the father because the parent-child relationship and surrounding circumstances raised a presumption of undue influence that the son failed to rebut; there was no proven intent to defeat creditors and the homestead is protected by the Alberta Exemptions Act, so equitable reconveyance and removal of encumbrance should be ordered as to the homestead.

Court Disposition

Appeal allowed in part. Trial judgment restored in favour of plaintiff with respect to the homestead; trial judgment as to the other parcels stands (plaintiff's claims dismissed as to those). Costs awarded to plaintiff here and in the Appellate Division except costs of plaintiff's cross-appeal in the Appellate...

Orders

  • Order that defendant transfer reconvey the North-East Quarter of Section 2, Township 57, Range 20 W.4th Meridian (the homestead) to the plaintiff
  • Order that defendant remove the mortgage encumbering the homestead insofar as it affects plaintiff's equitable rights subject to innocent mortgagee rights