Cichy Estate v. Cichy

Cichy Estate v. Cichy

On the balance of probabilities the defendant received monies that were the property of his mother and those monies are impressed with a trust in favour of Tillie Cichy; therefore a declaration and an order for accounting were granted and the matter was properly determined by Rule 18A.

Citation
2002 BCSC 625
Parties
Plaintiff (co Committee of the Person and Estate of Tillie Cichy): Diane Marlene Bernes; Plaintiff (co Committee of the Person and Estate of Tillie Cichy): Doreen Marilyn Coulson; Defendant: David Bernard Cichy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 April 2002
Procedural Posture
Trusts and Estate Administration; Accounting / Rule 18 a Summary Trial (summary Determination)
Outcome
Declaration that monies and personal property transferred to defendant were held in trust for Tillie Cichy; order for accounting; matter determined by Rule 18A; costs to plaintiffs on Scale 3; damages and interest adjourned.
Legal Topics
Resulting/constructive Trust, Accounting, Gifts Vs Trust, Power of Attorney, Costs
Source Language
English
Trusts Estate Law Civil Procedure Equity Resulting/constructive Trust Accounting Gifts Vs Trust Power of Attorney +1 more

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Parties

Diane Marlene Bernes

Plaintiff (co Committee of the Person and Estate of Tillie Cichy)

Doreen Marilyn Coulson

Plaintiff (co Committee of the Person and Estate of Tillie Cichy)

David Bernard Cichy

Defendant

Procedural Posture

Trusts and Estate Administration; Accounting / Rule 18 a Summary Trial (summary Determination)

Legal Issues

  1. 1 Whether monies and personal property transferred by Tillie Cichy to the defendant were gifts or held in trust for her estate
  2. 2 Whether the defendant must account for all monies and personal property transferred by Tillie Cichy to him
  3. 3 Whether the matter could be determined on affidavit evidence under Rule 18A

Ratio Decidendi

On the balance of probabilities the defendant received monies that were the property of his mother and those monies are impressed with a trust in favour of Tillie Cichy; therefore a declaration and an order for accounting were granted and the matter was properly determined by Rule 18A.

Court Disposition

Declaration that monies and personal property transferred to defendant were held in trust for Tillie Cichy; order for accounting; matter determined by Rule 18A; costs to plaintiffs on Scale 3; damages and interest adjourned.

Orders

  • Declaration that all monies and personal property transferred to the defendant by Tillie Cichy between 1977 and the appointment of co-committees are held in trust for Tillie Cichy
  • Order requiring the defendant to account for all monies and personal property transferred by Tillie Cichy to the defendant between 1977 and the appointment of the plaintiffs as co-committees