Smith v. Shanklin

Smith v. Shanklin

Given the evidence of fraud and the existence of a confidential relationship without independent legal advice, the conveyance was properly set aside; the Appellate Division correctly affirmed the trial judge and the appeal to the Supreme Court of Canada was dismissed.

Citation
[1933] SCR 340
Parties
Respondent (executor of G. W. Shanklin and Plaintiff): Smith; Appellant (grantee/defendant): Shanklin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 April 1933
Procedural Posture
Civil Appeal; Property/conveyance Dispute Alleging Fraud in Execution / Appeal to Supreme Court of Canada From Appellate Division of New Brunswick; Final Judgment on Appeal
Outcome
Appeal dismissed with costs; conveyance set aside.
Legal Topics
Conveyance, Fraud in Execution, Confidential Relationship, Independent Legal Advice, Setting Aside Transactions
Source Language
English
Property Law Equity Conveyancing Fraud Estates/probate Conveyance Fraud in Execution Confidential Relationship +2 more

Case Brief

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Parties

Smith

Respondent (executor of G. W. Shanklin and Plaintiff)

Shanklin

Appellant (grantee/defendant)

Procedural Posture

Civil Appeal; Property/conveyance Dispute Alleging Fraud in Execution / Appeal to Supreme Court of Canada From Appellate Division of New Brunswick; Final Judgment on Appeal

Legal Issues

  1. 1 Whether the conveyance was obtained by fraud
  2. 2 Whether a confidential relationship required independent advice to validate the conveyance
  3. 3 Whether appellate court erred in affirming trial judge's setting aside of the conveyance

Ratio Decidendi

Given the evidence of fraud and the existence of a confidential relationship without independent legal advice, the conveyance was properly set aside; the Appellate Division correctly affirmed the trial judge and the appeal to the Supreme Court of Canada was dismissed.

Court Disposition

Appeal dismissed with costs; conveyance set aside.

Orders

  • Appeal dismissed with costs.
  • Conveyance set aside (judgment of trial judge affirmed by Appellate Division).