Latner Estate v. Latner

Latner Estate v. Latner

The Court upheld the trial judge's factual finding that the alleged oral agreement was made before the Latner Family Agreement and was therefore superseded by its integration and no-modification clauses, rendering the oral agreement and the $1,000,000 promissory note unenforceable as a set-off; the Court also upheld the trial judge's finding that the $13 million was a documented gift and that any presumption of a resulting trust was rebutted. Accordingly both the appeal and cross-appeal were dismissed and the trial judgment for $2,776,895.00 was affirmed.

Citation
2017 ONCA 859
Parties
Plaintiff (respondent; Appellant by Way of Cross Appeal): The Estate of Albert J. Latner (Deceased) by its Estate Trustees Steven David Latner and Michael Elliot Latner; Defendant (appellant; Respondent by Way of Cross Appeal): Joshua I. Latner; Defendant (appellant): JILCO Realty Group Ltd.; Defendant (respondent by Way of Cross Appeal): Clariden Leu AG
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
8 November 2017
Procedural Posture
Civil Appeal and Cross Appeal Concerning Contract, Trust and Estate Claims / Court of Appeal Judgment on Appeal From Superior Court (reasons Dated March 1, 2016)
Outcome
Appeal and cross-appeal dismissed; trial judgment affirmed in favour of the Estate for $2,776,895.00; no costs awarded
Legal Topics
Integration Clause, No Oral Modification Clause, Resulting Trust, Gift, Set Off, Promissory Note
Source Language
English
Civil Contract Trusts Estate Law Integration Clause No Oral Modification Clause Resulting Trust Gift +2 more

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Parties

The Estate of Albert J. Latner (Deceased) by its Estate Trustees Steven David Latner and Michael Elliot Latner

Plaintiff (respondent; Appellant by Way of Cross Appeal)

Joshua I. Latner

Defendant (appellant; Respondent by Way of Cross Appeal)

JILCO Realty Group Ltd.

Defendant (appellant)

Clariden Leu AG

Defendant (respondent by Way of Cross Appeal)

Procedural Posture

Civil Appeal and Cross Appeal Concerning Contract, Trust and Estate Claims / Court of Appeal Judgment on Appeal From Superior Court (reasons Dated March 1, 2016)

Legal Issues

  1. 1 Whether an alleged oral agreement was enforceable despite the Latner Family Agreement's entire agreement and no-modification clauses
  2. 2 Whether a $13 million payment was a gift or subject to a resulting trust in favour of the deceased
  3. 3 Whether a $1,000,000 promissory note could be set off against amounts owing under the Latner Family Agreement

Ratio Decidendi

The Court upheld the trial judge's factual finding that the alleged oral agreement was made before the Latner Family Agreement and was therefore superseded by its integration and no-modification clauses, rendering the oral agreement and the $1,000,000 promissory note unenforceable as a set-off; the Court also upheld the trial judge's finding that the $13 million was a documented gift and that any presumption of a resulting trust was rebutted. Accordingly both the appeal and cross-appeal were dismissed and the trial judgment for $2,776,895.00 was affirmed.

Court Disposition

Appeal and cross-appeal dismissed; trial judgment affirmed in favour of the Estate for $2,776,895.00; no costs awarded

Orders

  • Appeal dismissed
  • Cross-appeal dismissed