Canada Case Law

Groves v. Luedee

Court

Supreme Court of Nova Scotia

The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.

Source excerpt

• Unjust enrichment
• Quantum meruit
• Value survived
• Joint family venture
• Constructive trust
• Preservation order

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Rodrigues v. Berlinguette

Court

Supreme Court of British Columbia

The 2008 transfer was gratuitous but the defendants proved on the balance of probabilities that Marlene intended to make a gratuitous inter vivos gift of the right of survivorship to the three defendants while retaining beneficial ownership during her lifetime; accordingly the presumption of resulting trust was rebutted and the defendants took beneficial ownership on survivorship; plaintiffs' claim dismissed.

Source excerpt

• Resulting trust
• Gift of right of survivorship
• Indefeasible title
• Gratuitous transfer
• Co-signing mortgage as consideration
• Burden of proof

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O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

The defendants proved the conveyance was registered in January 2015 and the plaintiff had knowledge of the transfer by fall 2015 such that he had the material facts to draw a plausible inference of liability; therefore the two-year limitation period under the LAA expired well before the claim was filed in 2025 and the plaintiff failed to show a real chance of avoiding the limitation bar, warranting summary dismissal of the claim.

Source excerpt

• Undue influence
• Limitation periods - discoverability
• Standing
• Summary judgment
• Transfer of land
• Probate/will interpretation

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Zhang Estate v. Yin

Court

Supreme Court of British Columbia

The court found Tong Zhang was the true investor in several British Columbia real estate projects and held Hang Yin liable for fraud, trust breaches, and related equitable wrongdoing.

• Civil fraud
• Breach of trust
• Knowing assistance
• Knowing receipt
• Fraudulent conveyance
• Oppression remedy

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Nourifard v. Emadzadeh

Court

Supreme Court of British Columbia

The court varied a consent order to let the defendant use $166,076.99 held in trust from share-sale proceeds to pay legal fees, finding he had no other assets.

• Variation of consent order
• Use of sale proceeds to pay legal fees
• Beneficial ownership dispute
• Funds held in trust
• Limitations issues
• Consent-order

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Stone v. Stone

Court

Supreme Court of British Columbia

The court found the mobile home was Ken’s chattel, rejected unjust enrichment and constructive trust claims, and ordered repayment of the loan and removal of the home.

• Mobile home fixture vs chattel
• Constructive trust
• Unjust enrichment test
• Loan as occupancy agreement
• Mesne profits and pad rent
• Self-represented litigant considerations

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Lo v. Cheng

Court

Supreme Court of British Columbia

The court dismissed Cindy Lo’s trust claim to a Richmond townhouse, found no enforceable tenancy, ordered vacant possession, and awarded trespass damages.

• Resulting trust
• Constructive trust
• Unjust enrichment
• Trespass
• Tenancy agreement
• Vacant possession

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

Trial judgment in a closely held company dispute: the court rejected oppression and winding-up claims, but awarded airG damages for post-2019 personal expenses and unjust enrichment involving StudyPug.

• Oppression remedy
• Just and equitable winding up (s.214 cbca)
• S.241 cbca oppression
• Fiduciary duty of directors
• Breach of contract
• Statute of limitations (limitation act)

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Yinghe Investment (Canada) Ltd. v. CCM Investment Group Ltd.

Court

Supreme Court of British Columbia

The court dismissed Yinghe’s claim and let CCM proceed on its counterclaim after finding repeated, egregious non-compliance with document-production orders and a rent-trust consent order.

• Rule 22‑7 striking pleadings
• Document production and discovery non‑compliance
• Prejudgment garnishing / duty of full and frank disclosure
• Breach of court orders (consent order re rents)
• Payment of rents into trust
• Conversion and breach of fiduciary duty

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Blumenschein v. Seel

Court

Supreme Court of British Columbia

The court refused summary dismissal and a vexatious-litigant order, finding triable issues about trust, partnership, fiduciary duty, and oppression claims.

• Express trust
• Constructive/implied trust
• Fiduciary duty
• Oppression remedy
• Partnership
• Summary judgment (rule 9-6)

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