Canada Case Law

Buchanan v. Pobihushchy

Court

Supreme Court of Nova Scotia

The respondent failed to rebut the presumption of equal division of jointly held Inglisville Property; after accounting for the vendor take-back mortgage, the respondent's withdrawal from the joint line of credit and verified post-separation payments by the applicant, the court ordered distribution of sale proceeds (SB $249,191.48; VP $83,830.93). Claims for resulting or constructive trust and unjust enrichment/joint family venture failed for lack of proven enrichment, corresponding deprivation or a link between VP's contributions and accumulation of wealth. VP's other claims including contai…

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• Partition act
• Unjust enrichment
• Constructive trust
• Resulting trust
• Spousal support
• Preservation order

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Thomson v. A.R. Thomson Group

Court

Supreme Court of British Columbia

The court dismissed claims that an oral agreement reinstated Lisa Thomson to ARTG, finding no intention to create legal relations and no certainty of essential terms.

• Oral contract
• Agreement to agree
• Intention to create legal relations
• Certainty of terms
• Partnership buyout and reinstatement
• Ratification

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Jones v. Centrone

Court

Supreme Court of British Columbia

The court held that the order requiring Glenda Centrone to take all steps necessary to transfer land included paying subdivision and transfer costs.

• Specific performance
• Trustee indemnity and obligations
• Boundary adjustment/subdivision
• Enforcement of court orders
• Costs
• Specific-performance

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Loginradius Inc. v. Gupta

Court

Supreme Court of British Columbia

The court granted LoginRadius an interim interlocutory injunction restraining former CTO Deepak Gupta from interfering with key domain names used to run its online authentication services.

• Interim interlocutory injunction
• Conversion of intangible property
• Breach of contract
• Breach of fiduciary duty
• Proprietary information/confidentiality agreement
• Domain name ownership and control

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Li v. Xu

Court

Supreme Court of British Columbia

The court held it lacked jurisdiction to make parenting orders for M.X., but granted divorce, divided family property equally, awarded spousal support, and declined a non-disclosure fine.

• Habitual residence and jurisdiction
• Division of family property
• Excluded property and gifts
• Resulting trust
• Spousal support and imputed income
• Disclosure sanctions

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Gallant v. Layco

Court

Supreme Court of British Columbia

The court dismissed a family law application for interim property distribution and exclusive occupation, finding no prima facie two-year spouse claim and no balance of convenience for the claimant.

• Interim distribution of family property
• Exclusive occupation of family residence
• Definition of spouse (marriage-like relationship)
• Resulting trust
• Limitation/statute-bar
• Interim-distribution

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Daye v. Daye Estate

Court

Supreme Court of Nova Scotia

Where estate liabilities exceed available liquid assets, the testamentary life interest may abate and executors are authorized and obliged to sell estate property to satisfy debts; executors are not required to pursue former attorneys without evidence of misdeeds; applicant failed to discharge burden of proof so application to occupy the Property was dismissed.

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• Life interest
• Abatement
• Executor duties
• Power of sale
• Insolvent estate
• Power of attorney

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R.D. v. R.S.D.

Court

Supreme Court of British Columbia

The court granted R.D. a reduced interim distribution from trust under s. 89 of the Family Law Act and ordered $105,000 paid to discharge a high-interest mortgage.

• Interim distribution (s.89)
• Family property
• Constructive trust
• Unjust enrichment
• Admissibility of post‑hearing evidence
• Interim-distribution

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Taherkhani v. Esteghamat-Ardakani

Court

British Columbia Court of Appeal

The Court of Appeal granted Mina Esteghamat-Ardakani and Francis Amir Este an extension of time, standing, and leave to appeal a 2018 order setting aside a family-law settlement.

• Standing to appeal
• Extension of time
• Setting aside consent order
• Inherent jurisdiction
• Fraud vitiating consent
• Reopening final orders

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Iafolla v. Lasota

Court

Court of Appeal for Ontario

The Court of Appeal held that discovery of the writ after the Divorce Order constituted a material change in circumstances affecting the security for child support; because the court has a duty under s.11 of the Divorce Act to ensure reasonable arrangements for children, the proper remedy is to remit the matter to the trial judge to consider variation under s.17 rather than declare the creditor immediately entitled to the withheld proceeds.

Source excerpt

• Variation of divorce order
• Priority of creditors
• Child support obligations
• Creditors' relief act s.2
• Material change of circumstances
• Constructive/express trust on sale proceeds

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