Salyga v. Salyga Estate
The appellant failed to rebut the presumption of resulting trust because the trial judge’s factual findings — that the mother paid taxes on the disputed funds, the appellant’s lawyer in 2007 confirmed the funds belonged to the mother (explaining why the appellant’s name was on the account), and the appellant’s...
Source-derived case information.
- Citation
- 2010 ONCA 300
- Parties
- Applicant/appellant: Sonia Salyga; Respondent: Canaccord Capital Corporation; Respondent: The Children’s Lawyer; Respondent: Susan Salyga
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 April 2010
- Procedural Posture
- Civil Appeal From Superior Court of Justice / Court of Appeal Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Presumption of Resulting Trust, Rebuttal of Presumption, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sonia Salyga
Applicant/appellant
Canaccord Capital Corporation
Respondent
The Children’s Lawyer
Respondent
Susan Salyga
Respondent
Procedural Posture
Civil Appeal From Superior Court of Justice / Court of Appeal Judgment on Appeal
Legal Issues
- 1 Whether the appellant rebutted the presumption of resulting trust over the disputed funds
- 2 Whether the trial judge's factual findings concerning payments, admissions and communications should be disturbed on appeal
- 3 Whether the costs order was appropriate
Ratio Decidendi
The appellant failed to rebut the presumption of resulting trust because the trial judge’s factual findings — that the mother paid taxes on the disputed funds, the appellant’s lawyer in 2007 confirmed the funds belonged to the mother (explaining why the appellant’s name was on the account), and the appellant’s post‑settlement communications — supported the presumption; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents payable by the appellant in the amount of $3,800 each, inclusive of G.S.T. and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Salyga v. Salyga Estate Collection Decisions of the Court of Appeal Date 2010-04-28 Neutral citation 2010 ONCA 300 Docket numbers C51445 Judges Moldaver, Michael James; MacPherson, James C.; Watt, David Subject Civil Decision Content CITATION: Salyga v. Salyga Estate, 2010 ONCA 300 DATE:20100427 DOCKET: C51445 COURT OF APPEAL FOR ONTARIO Moldaver, MacPherson and Watt JJ.A. BETWEEN: Sonia Salyga Applicant (Appellant) and Canaccord Capital Corporation, The Children’s Lawyer and Susan Salyga Respondents (Respondents) Andrew F. Camman, for the appellant J. Douglas Skinner, for the Children’s Lawyer Lou Anne Farrell, for the respondent Susan Salyga Heard and endorsed: April 26, 2010 On appeal from the order of Justice Wolfram Tausendfreund of the Superior Court of Justice dated November 27, 2009. APPEAL BOOK ENDORSEMENT [1] It was up to the appellant to rebut the presumption of resulting trust. Considering the evidence as a whole, including (1) the fact that the mother paid taxes on the disputed funds; (2) the appellant, through her lawyer in 2007, confirmed that the money in the disputed account was her mother’s money, not hers and explaining why her name had been put on the account (i.e. the margin issue); and (3) the appellant’s response to Don Little concerning the disputed funds, after she had received her settlement in 2008, it was open to the application judge to find that the appellant had failed to rebut the presumption of resulting trust. We see no basis for interfering with that finding. [2] Accordingly, we would dismiss the appeal. [3] Costs to the respondents payable by the appellant in the amount of $3,800 each, inclusive of G.S.T. and disbursements.