Cole v. Cole

Cole v. Cole

On the evidence and documentary proof the presumption of gift arising from the husband purchasing property in his wife's name was rebutted and, because there was no agreement or evidence showing an illegal purpose to defeat creditors, the courts below correctly declared the licences the husband's property and relief was proper.

Citation
[1944] SCR 166
Parties
Appellant (defendant): Amylita G. Cole; Respondent (plaintiff): Howard Cole
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1944
Procedural Posture
Civil Appeal — Property (timber Licences) / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs.
Legal Topics
Timber Licences, Presumption of Gift, Presumption of Advancement, Fraudulent Conveyance/creditor Protection, Equitable Relief/illegality Defence
Source Language
English
Property Law Timber Licences Presumption of Gift Presumption of Advancement Fraudulent Conveyance/creditor Protection Equitable Relief/illegality Defence

Case Brief

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Parties

Amylita G. Cole

Appellant (defendant)

Howard Cole

Respondent (plaintiff)

Procedural Posture

Civil Appeal — Property (timber Licences) / Supreme Court of Canada on Appeal From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether timber licences purchased by husband but assigned in wife's name were the husband's property or a gift to the wife
  2. 2 Whether the presumption of gift (presumption of advancement) arising from a husband purchasing property in his wife's name was rebutted by the evidence and documents
  3. 3 Whether the transaction was intended to place assets beyond creditors so as to bar the husband's equitable relief

Ratio Decidendi

On the evidence and documentary proof the presumption of gift arising from the husband purchasing property in his wife's name was rebutted and, because there was no agreement or evidence showing an illegal purpose to defeat creditors, the courts below correctly declared the licences the husband's property and relief was proper.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.