Mountain v. TD Canada Trust Company

Mountain v. TD Canada Trust Company

The Court of Appeal allowed the appeal, set aside the trial judgment and its costs order and ordered a new trial because the trial judge erred in law and made palpable and overriding factual findings: he misconceived the legal test for proof of an oral agreement and part performance (erroneously limiting part...

Source-derived case information.

Citation
2012 ONCA 806
Parties
Plaintiff/appellant: William Gary Mountain; Defendant/respondent: TD Canada Trust Company, Estate Trustee During Litigation for the Estate of John Nixon Mountain and for Helen Elizabeth Mountain; Defendant/respondent: Louanne Elizabeth Mountain
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 November 2012
Procedural Posture
Civil Appeal (trusts/estate/property) / Decision of the Ontario Court of Appeal on Appeal From Superior Court Trial and Costs Judgments
Outcome
Appeal allowed in part; trial judgment dismissing appellant's claim and ordering accounting set aside; costs award of trial judge set aside; new trial ordered on all issues; appellant awarded costs of the appeal of $40,000 inclusive payable by Louanne; costs of the first trial to be determined by judge at new trial.
Legal Topics
Part Performance, Statute of Frauds, Resulting Trust, Constructive Trust, Accounting by Trustees, Costs (substantial Indemnity), Donatio Mortis Causa, Estate Administration
Source Language
english
Trusts and Estates Property Law Equity Civil Procedure Appeal Part Performance Statute of Frauds Resulting Trust +5 more

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Parties

William Gary Mountain

Plaintiff/appellant

TD Canada Trust Company, Estate Trustee During Litigation for the Estate of John Nixon Mountain and for Helen Elizabeth Mountain

Defendant/respondent

Louanne Elizabeth Mountain

Defendant/respondent

Procedural Posture

Civil Appeal (trusts/estate/property) / Decision of the Ontario Court of Appeal on Appeal From Superior Court Trial and Costs Judgments

Legal Issues

  1. 1 Whether an oral agreement existed by which appellant would receive farm land and assets and whether vesting orders should issue
  2. 2 Whether acts of part performance took the alleged oral agreement outside the Statute of Frauds
  3. 3 Whether ordering an accounting was appropriate given prior accountings and estate trustee appointment

Ratio Decidendi

The Court of Appeal allowed the appeal, set aside the trial judgment and its costs order and ordered a new trial because the trial judge erred in law and made palpable and overriding factual findings: he misconceived the legal test for proof of an oral agreement and part performance (erroneously limiting part performance to acts of the plaintiff and requiring acts be referable only to the alleged contract), misapprehended and failed to consider relevant contextual evidence showing detrimental reliance and mutual conduct between father and son in operating the farm, and therefore his conclusions were unreasonable; appellate relief required a new trial on all issues and reassessment of...

Court Disposition

Appeal allowed in part; trial judgment dismissing appellant's claim and ordering accounting set aside; costs award of trial judge set aside; new trial ordered on all issues; appellant awarded costs of the appeal of $40,000 inclusive payable by Louanne; costs of the first trial to be determined by judge at new trial.

Orders

  • Set aside trial judgment dismissing appellant's claim
  • Set aside trial costs award (substantial indemnity award fixed at $275,000) and remit costs of the first trial to the judge at the new trial