Belvedere v. Brittain Estate

Belvedere v. Brittain Estate

The appeal was allowed and the trial judgment set aside because there was no legal basis to impose a constructive trust: no signed cohabitation agreement existed and the will had not been changed to reflect the deceased's intention; however, exercising the court's discretion and recognizing the respondent's...

Source-derived case information.

Citation
2009 ONCA 691
Parties
Plaintiff/respondent: Lora Belvedere; Defendant/appellant: The Canada Trust Company, Estate Trustee of the Estate of Jeffrey Brittain, deceased
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 September 2009
Procedural Posture
Civil Constructive Trust/estate / Post Appeal Costs Determination (trial Costs)
Outcome
Appeal allowed; trial judgment set aside; action dismissed. No order for costs in respect of the trial.
Legal Topics
Constructive Trust, Cohabitation Agreement, Will, Appeal, Costs Discretion, Impecuniosity
Source Language
english
Civil Trusts Estates Costs Constructive Trust Cohabitation Agreement Will Appeal +2 more

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Parties

Lora Belvedere

Plaintiff/respondent

The Canada Trust Company, Estate Trustee of the Estate of Jeffrey Brittain, deceased

Defendant/appellant

Procedural Posture

Civil Constructive Trust/estate / Post Appeal Costs Determination (trial Costs)

Legal Issues

  1. 1 Whether the respondent was entitled to a constructive trust over the Estate
  2. 2 Whether an unenforceable promise or intention can ground a proprietary remedy
  3. 3 Whether absence of a signed cohabitation agreement and lack of changed will defeat the claim

Ratio Decidendi

The appeal was allowed and the trial judgment set aside because there was no legal basis to impose a constructive trust: no signed cohabitation agreement existed and the will had not been changed to reflect the deceased's intention; however, exercising the court's discretion and recognizing the respondent's impecuniosity and the deceased's unenforceable promise, the court ordered no costs in respect of the trial.

Court Disposition

Appeal allowed; trial judgment set aside; action dismissed. No order for costs in respect of the trial.

Orders

  • Appeal allowed and trial judgment set aside; action dismissed (January 6, 2009).
  • No costs awarded against the respondent in respect of the trial.