Wong v. Wong

Wong v. Wong

The trial judge correctly found a constructive trust based on unjust enrichment: respondent's unpaid domestic and contributory activities enriched the appellant and deprived her with no juristic reason to deny relief; there was a reasonable shared expectation assets would be divided equally; the alleged $380,000 Korea Daesong debt was disbelieved and in any event statute-barred and therefore excluded from valuation; the Court of Appeal dismissed the appeal and affirmed a 50% interest in the specified assets.

Citation
1999 BCCA 344
Parties
Plaintiff (respondent): Stephanie Tien Hoa Wong a.k.a. Stephanie Wong; Defendant (appellant): Kit Wong a.k.a. Nguu Huynh; Defendant (appellant): 356406 British Columbia Ltd.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
1 June 1999
Procedural Posture
Civil Appeal — Property Dispute Arising From Cohabitation (constructive Trust/unjust Enrichment/resulting Trust) / Court of Appeal Judgment (appeal From BCSC Trial Judgment)
Outcome
Appeal dismissed.
Legal Topics
Constructive Trust, Resulting Trust, Partition of Property, Cohabitation, Valuation of Corporate Shares, Statute Barred Debt, Domestic Contributions
Source Language
English
Family Law Trusts and Equity Unjust Enrichment Property Law Civil Procedure Constructive Trust Resulting Trust Partition of Property +4 more

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Parties

Stephanie Tien Hoa Wong a.k.a. Stephanie Wong

Plaintiff (respondent)

Kit Wong a.k.a. Nguu Huynh

Defendant (appellant)

356406 British Columbia Ltd.

Defendant (appellant)

Procedural Posture

Civil Appeal — Property Dispute Arising From Cohabitation (constructive Trust/unjust Enrichment/resulting Trust) / Court of Appeal Judgment (appeal From BCSC Trial Judgment)

Legal Issues

  1. 1 Whether respondent is entitled to a 50% interest in specified assets by resulting or constructive trust
  2. 2 Whether sufficient common intention existed to support a resulting trust
  3. 3 Whether unjust enrichment, corresponding deprivation and absence of juristic reason are established to support a constructive trust

Ratio Decidendi

The trial judge correctly found a constructive trust based on unjust enrichment: respondent's unpaid domestic and contributory activities enriched the appellant and deprived her with no juristic reason to deny relief; there was a reasonable shared expectation assets would be divided equally; the alleged $380,000 Korea Daesong debt was disbelieved and in any event statute-barred and therefore excluded from valuation; the Court of Appeal dismissed the appeal and affirmed a 50% interest in the specified assets.

Court Disposition

Appeal dismissed.

Orders

  • Declaration that the respondent is entitled to a 50% interest in the specified assets (1123 Burnaby St; 1131 Burnaby St; 1151 Haro St; all issued shares of 356406 B.C. Ltd.; all issued shares of BT Apartments Ltd.; all issued shares of East-Sea Trading Ltd.; all issued shares of Five Oceans Enterprises Ltd.; and...
  • Order that the alleged debt of approximately $380,000 to Korea Daesong Trading Corporation shall not be included in any valuation of the shares of Five Oceans Enterprises Ltd.