Fraser v. Fraser
The Supreme Court allowed the appeal, holding that the trial judge was justified in finding that the oral understanding and the evidence established an equitable entitlement to a portion of the sale proceeds; the judgment of the trial court was restored and costs were awarded against the estate.
Source-derived case information.
- Citation
- [1933] SCR 171
- Parties
- Appellant Plaintiff: Fraser; Respondent Defendant: Fraser (estate of deceased father)
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 7 February 1933
- Procedural Posture
- Trusts Appeal From Appellate Division of the Supreme Court of Alberta / Appeal to Supreme Court of Canada Final Judgment
- Outcome
- Appeal allowed; trial judgment restored
- Legal Topics
- Transfer of Land, Oral Understanding, Evidence Sufficiency, Claims Against Estate
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fraser
Appellant Plaintiff
Fraser (estate of deceased father)
Respondent Defendant
Procedural Posture
Trusts Appeal From Appellate Division of the Supreme Court of Alberta / Appeal to Supreme Court of Canada Final Judgment
Legal Issues
- 1 Whether an oral understanding accompanying a transfer of land can give rise to an equitable claim to proceeds against the transferor's estate
- 2 Whether the evidence at trial was sufficient to establish a trust or equitable interest despite lack of writing
- 3 Whether the Statute of Frauds or formal transfer requirements barred the claim against the estate
Ratio Decidendi
The Supreme Court allowed the appeal, holding that the trial judge was justified in finding that the oral understanding and the evidence established an equitable entitlement to a portion of the sale proceeds; the judgment of the trial court was restored and costs were awarded against the estate.
Court Disposition
Appeal allowed; trial judgment restored
Orders
- Appeal allowed
- Judgment of Ewing J. restored
Full Case Text
Judgment text and source record
1 paragraphs
Fraser v. Fraser Collection Supreme Court Judgments Date 1933-02-07 Report [1933] SCR 171 Judges Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert; Cannon, Lawrence Arthur Dumoulin; Crocket, Oswald Smith On appeal from Alberta Subjects Trust Decision Content Supreme Court of Canada Fraser v. Fraser, [1933] S.C.R. 171 Date: 1933-02-07 Fraser; v. Fraser 1932: October 6, 7; 1933: February 7. Present:—Rinfret, Lamont, Smith, Cannon and Crocket JJ. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA Trusts—Transfer of land—Oral understanding—Evidence of—Sufficiency— Claim against estate. APPEAL by the plaintiff appellant from the decision of the Appellate Division of the Supreme Court of Alberta[1], allowing (Simmons, C.J.T.D. and Clarke J.A. dissenting) the defendant respondent's appeal from the judgment of Ewing J. in favour of the plaintiff appellant. The trial was upon an issue directed by Ford J. upon an application by the plaintiff by way of originating notice. The plaintiff's action was brought against the estate of his deceased father for a portion of the proceeds of the sale of the father's farm which had been transferred to the father by the plaintiff. The trial judge maintained plaintiff's action; but that judgment was reversed by a majority of the Appellate Division, Mitchell, Lunney and McGillivray JJ.A. On the appeal to this Court, after hearing argument of counsel, the Court reserved judgment, and on a subsequent day delivered judgment allowing the appeal and restoring the judgment of the trial judge, with costs out of the estate. Appeal allowed. N. D. Maclean K.C. for the appellant. W. N. Tilley K.C. for the respondents. [1] (1932) 26 Alta. L.R. 322; [1932] 1 W.W.R. 863; [1932] 2 D.L.R. 816.