Canada Case Law

Beckman v. Vinci

Court

Supreme Court of British Columbia

Plaintiff failed to prove contractual loans; defendants failed to rebut presumption of resulting trust so transfers are held on resulting trust for plaintiff; alternatively transfers were procured by presumed undue influence because plaintiff was vulnerable from Huntington's disease and defendant had opportunity to dominate his will; credit card charges were authorized and conversion not proven; employer had just cause to terminate Karen for serious breaches of fiduciary duty; plaintiff liable in tort for a single sexual assault incident and awarded $15,000 general damages.

Source excerpt

• Resulting trust
• Undue influence
• Conversion
• Wrongful dismissal
• Sexual assault and battery
• Capacity and vulnerability

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Repp v. Butler

Court

Supreme Court of British Columbia

The petition was dismissed because the judge found, on the undisputed material, that the petitioner was fully aware of the respondent's position that he held a 50% legal and beneficial interest no later than October 23, 2015 (triggering the Limitation Act), and, independently, that the petition constituted an abuse of process given the petitioner's prior sworn and documentary representations in the Colorado divorce proceedings asserting a 50% interest; the Chisholm letter was admissible because it was not a settlement offer and summary determination was appropriate as the dispositive facts we…

Source excerpt

• Resulting trust
• Constructive trust
• Partition of property
• Limitation act discoverability
• Settlement privilege (without prejudice)
• Summary determination and hybrid procedures

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Reimer v. Reimer

Court

Supreme Court of British Columbia

The court rejected claims of fiduciary breach and knowing receipt, found transfers from Peter Reimer to Jacqueline Reimer were subject to a resulting trust, and awarded Jacqueline a $197,600 set-off.

• Resulting trust
• Ad hoc fiduciary duty
• Power of attorney
• Knowing receipt
• Unjust enrichment
• Quantum meruit

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Wang v. Sun

Court

Supreme Court of British Columbia

The court dismissed a Rule 9-5 application to strike claims and cancel a CPL, holding the settlement required performance, not mere promise, and the pleadings could proceed.

• Settlement agreement
• Repudiation and election
• Accord and satisfaction
• Certificate of pending litigation
• Rule 9-5 strike pleadings
• Settlement-agreement

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Kushty Consulting Ltd. v. Wissman

Court

Supreme Court of British Columbia

The court dismissed claims over a cannabis consulting deal and bare trust, finding no pleaded or proven novation and a fundamental breach by consulting for the wrong company.

• Novation
• Fundamental breach
• Quantum meruit
• Specific performance
• Constructive trust
• Costs

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Wang v. Li

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Wang’s appeals in related family and civil proceedings, upholding credibility findings, trust-based ownership findings, and misappropriation awards.

• Division of family property
• Jurisdiction under s.106 fla
• Resulting/bare trust
• Misappropriation/conversion
• Breach of fiduciary duty
• Child support income assessment

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Qu v. Zhang

Court

Court of Appeal for Ontario

The appeal was dismissed because the application judge's credibility findings were reasonable: Qu was found credible and demonstrated that the funds were advanced for investment, not as a gift, establishing a resulting trust (and alternatively a constructive trust) entitling her to 100% beneficial ownership; the occupation rent award and offsetting credits were appropriate; speculative awards for latent repair costs were properly refused.

Source excerpt

• Resulting trust
• Constructive trust
• Occupation rent
• Beneficial ownership
• Spousal property

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Resonance Holdings Ltd. v. Infiniti Investments Inc.

Court

Supreme Court of British Columbia

The court dismissed a Rule 9-6 application to enforce a disputed settlement chart, finding unresolved issues about essential terms, trust claims, and sustaining costs.

• Settlement agreement enforcement
• Rule 9-6 summary judgment
• Declaration of no trust
• Ancillary orders
• Sustaining costs
• Consent dismissal

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Chung v. Chung

Court

British Columbia Court of Appeal

The Court of Appeal set aside a term making a constructive trust subject to an accounting and awarded $100,000 in punitive damages for fiduciary misconduct.

• Constructive trust
• Misappropriation of funds
• Punitive damages
• Settlement agreement interpretation
• Tracing
• No-profit/no-conflict rules

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Randhawa v. Khaira

Court

Supreme Court of British Columbia

The court enforced Loans #1 and #2 for $214,000, rejected Loan #3 as unenforceable, and found the 2016 share transfer was a fraudulent conveyance.

• Loan agreements
• Promissory notes
• Express trust
• Ex turpi causa (illegality)
• Fraudulent conveyance act
• Severance of illegal provisions

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