Mawdsley v. Meshen

Mawdsley v. Meshen

On the facts the court found no fraudulent intent sufficient to set aside the pre-death dispositions under the FCA; unjust enrichment/constructive trust claims failed for lack of sufficient contribution and legitimate expectation; resulting trust presumption was not rebutted as to the safety deposit box contents and...

Source-derived case information.

Citation
2010 BCSC 1099
Parties
Plaintiff: Dennis Mawdsley; Defendant: Michael Meshen; Defendant: Damon Meshen; Defendant: Shirley Meshen; Defendant: William Meshen; Defendant: Kevin Moore as Executor of the Will and Trustee of the Estate of Joan Meshen, Deceased; Defendant: The Joan Meshen Trust; Defendant: Western Garden & Lawn Supplies Ltd.; Defendant: Meadowland Peat Ltd.; Third Party: Kevin Moore as Executor of the Will and Trustee of the Estate of Joan Meshen, Deceased
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 August 2010
Procedural Posture
Fraudulent Conveyance; Wills Variation; Unjust Enrichment; Trusts / Judgment (reasons for Judgment)
Outcome
Plaintiff's FCA claim dismissed for lack of requisite fraudulent intent; unjust enrichment, constructive trust and express trust claims dismissed; resulting trust found in favour of estate for safety deposit box contents and joint bank account funds; Keith Street Property held as joint tenancy and passed to Michael;...
Legal Topics
Alter Ego Inter Vivos Trust, Wills Variation Act, Fraudulent Conveyances Act, Resulting Trust, Constructive Trust, Joint Tenancy, Badges of Fraud, Testamentary Autonomy
Source Language
english
Wills and Estates Trusts and Equity Fraudulent Conveyances Family Law Tax Planning Alter Ego Inter Vivos Trust Wills Variation Act Fraudulent Conveyances Act +5 more

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Parties

Dennis Mawdsley

Plaintiff

Michael Meshen

Defendant

Damon Meshen

Defendant

Shirley Meshen

Defendant

William Meshen

Defendant

Kevin Moore as Executor of the Will and Trustee of the Estate of Joan Meshen, Deceased

Defendant

The Joan Meshen Trust

Defendant

Western Garden & Lawn Supplies Ltd.

Defendant

Meadowland Peat Ltd.

Defendant

Kevin Moore as Executor of the Will and Trustee of the Estate of Joan Meshen, Deceased

Third Party

Procedural Posture

Fraudulent Conveyance; Wills Variation; Unjust Enrichment; Trusts / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Standing under the Fraudulent Conveyances Act (whether claimant is "other" deprived of remedies)
  2. 2 Whether dispositions were made with intent to delay, hinder or defraud (FCA)
  3. 3 Whether unjust enrichment/constructive trust arises from claimant's contributions

Ratio Decidendi

On the facts the court found no fraudulent intent sufficient to set aside the pre-death dispositions under the FCA; unjust enrichment/constructive trust claims failed for lack of sufficient contribution and legitimate expectation; resulting trust presumption was not rebutted as to the safety deposit box contents and joint bank account funds (these remain estate property), but was rebutted as to the Keith Street Property which validly passed to Michael by joint tenancy; however the will was varied under the Wills Variation Act to award the entire residue of Joan's estate to Dennis (specific bequest of Keith Street Property to Michael preserved); occupational rent claim dismissed; writ of...

Court Disposition

Plaintiff's FCA claim dismissed for lack of requisite fraudulent intent; unjust enrichment, constructive trust and express trust claims dismissed; resulting trust found in favour of estate for safety deposit box contents and joint bank account funds; Keith Street Property held as joint tenancy and passed to Michael;...

Orders

  • Fraudulent Conveyances Act claim dismissed
  • Unjust enrichment, constructive trust and express trust claims dismissed