Toor v. Toor

Toor v. Toor

The Court allowed the appeal and set aside the partial summary judgment because the motion judge misapprehended the evidence (there was evidence linking some parental advances to the property purchase) and made internally inconsistent findings on whether the advances were loans, creating a genuine issue requiring trial and making partial summary judgment inappropriate.

Citation
2018 ONCA 621
Parties
Applicant (respondent): Kamaljit Kaur Toor; Respondent (appellant); Defendant (respondent): Balwinder Singh Toor; Respondent (appellant); Plaintiff (appellant): Amrik Toor; Respondent (appellant); Plaintiff (appellant): Amarjit Toor
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
10 July 2018
Procedural Posture
Appeal From Summary Judgment in Consolidated Family and Civil Proceedings / Court of Appeal Decision on Appeal From Superior Court of Justice Summary Judgment Order
Outcome
Appeal allowed; order granting partial summary judgment set aside
Legal Topics
Summary Judgment, Constructive Trust, Beneficial Ownership, Characterization of Funds (loan Vs Repayment), Costs, Case Management
Source Language
English
Family Law Civil Litigation Property Law Trusts and Equitable Remedies Procedure Summary Judgment Constructive Trust Beneficial Ownership +3 more

Case Brief

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Parties

Kamaljit Kaur Toor

Applicant (respondent)

Balwinder Singh Toor

Respondent (appellant); Defendant (respondent)

Amrik Toor

Respondent (appellant); Plaintiff (appellant)

Amarjit Toor

Respondent (appellant); Plaintiff (appellant)

Procedural Posture

Appeal From Summary Judgment in Consolidated Family and Civil Proceedings / Court of Appeal Decision on Appeal From Superior Court of Justice Summary Judgment Order

Legal Issues

  1. 1 Whether advances from parents gave rise to a beneficial interest in the matrimonial property
  2. 2 Whether there was a sufficient tie between the advances and the purchase of the property to impose a constructive trust
  3. 3 Whether the advances were loans or repayments of sale proceeds and whether that characterization could be resolved on summary judgment

Ratio Decidendi

The Court allowed the appeal and set aside the partial summary judgment because the motion judge misapprehended the evidence (there was evidence linking some parental advances to the property purchase) and made internally inconsistent findings on whether the advances were loans, creating a genuine issue requiring trial and making partial summary judgment inappropriate.

Court Disposition

Appeal allowed; order granting partial summary judgment set aside

Orders

  • Partial summary judgment dismissing Parents' claim to an interest in the Property set aside
  • Costs of the appeal fixed at $6,000 inclusive of disbursements and applicable taxes, payable in the cause