Kent v. Kent

Kent v. Kent

The petition was converted to an action because there are serious disputed issues of fact and law (promises regarding ownership, disputed financial contributions, and equitable defences such as proprietary estoppel and unjust enrichment) such that the petitioner failed to demonstrate the respondent was bound to...

Source-derived case information.

Citation
2017 BCSC 1392
Parties
Petitioner: William Frederick Kent; Respondent: Christine Luisa Kent
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Petition (trust Enforcement) / Chambers Application Referred to Trial List
Outcome
Proceeding converted to an action and referred to the trial list
Legal Topics
Declaration of Trust Enforcement, Proprietary Estoppel, Resulting and Constructive Trusts, Conversion of Petition to Action, Duties of a Bare Trustee, Unjust Enrichment
Source Language
english
Trusts Property Law Equity Civil Procedure Family Law Declaration of Trust Enforcement Proprietary Estoppel Resulting and Constructive Trusts +3 more

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Parties

William Frederick Kent

Petitioner

Christine Luisa Kent

Respondent

Procedural Posture

Petition (trust Enforcement) / Chambers Application Referred to Trial List

Legal Issues

  1. 1 Whether the petition should be converted to a trial/action under R.22-1(7)(d)
  2. 2 Whether the Trust Agreement should be enforced to transfer title to petitioner
  3. 3 Whether respondent's equitable defences (proprietary estoppel, waiver, unjust enrichment, resulting/constructive trust) raise bona fide triable issues

Ratio Decidendi

The petition was converted to an action because there are serious disputed issues of fact and law (promises regarding ownership, disputed financial contributions, and equitable defences such as proprietary estoppel and unjust enrichment) such that the petitioner failed to demonstrate the respondent was bound to lose; accordingly the matter must proceed to the trial list for pleadings, discovery and possible viva voce evidence and cross-examination.

Court Disposition

Proceeding converted to an action and referred to the trial list

Orders

  • Matter referred to the trial list
  • Petitioner to file a Notice of Civil Claim in due course