Canada Case Law

Sumner v. Siemens

Court

Supreme Court of British Columbia

Leave under s.151 WESA was granted because the applicant is a specified person who gave required notice and made reasonable efforts to have the executor act, is acting in good faith, and has raised an arguable case—based on evidence of possible incapacity and undue influence and the presumption of resulting trust regarding gratuitous transfers—such that pursuit of the claim may be necessary to protect the estate; the court must not resolve contested credibility at the leave stage and the defendant's inaction in obtaining probate would otherwise prevent the applicant from pursuing variation re…

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• Leave to sue on behalf of estate
• Resulting trust
• Undue influence
• Capacity
• Joint tenancy and survivorship
• Variation of wills

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Sidhu v. Jain

Court

Court of Appeal for Ontario

The Court of Appeal held the RPLA applied to a claim for a beneficial interest in land or damages in lieu, and dismissed the appeal.

• Real property limitations act
• Limitations act, 2002
• Statute-barred claims
• Summary judgment
• Standing
• Consolidation

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Singh v. Sidhu

Court

Supreme Court of British Columbia

Read as a whole the NOCC pleads material facts supporting a proprietary claim by way of a constructive trust arising from a predominant purpose conspiracy, thus the CPLs were valid; however, on the s.256/257 hardship analysis two CPLs (University Drive and Kelowna) caused non‑trivial hardship and were discharged subject to payment into court of net proceeds up to $100,000, while the CPLs on the two project properties were retained because the applicant failed to show the required causal connection between the CPLs and inability to obtain financing.

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• Certificate of pending litigation
• Constructive trust
• Civil conspiracy
• Tracing
• Hardship and inconvenience
• Land title act ss.215,256,257

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Jones v. Davidson

Court

Supreme Court of British Columbia

The court struck the pleaded causes of action against Ms. Anjos that had no reasonable prospect of success because they failed to plead essential elements: claims for damages for breach of the Mayer J. Order, breach of trust/constructive trust, and tortious (unlawful means) interference were struck as disclosing no reasonable cause of action; however the negligence claim against Ms. Anjos could not be dismissed at this stage as plainly bound to fail and the plaintiffs were granted leave to amend the negligence pleadings within 30 days to properly plead duty, breach, causation and damages.

Source excerpt

• Strike pleadings (rule 9-5)
• Duty of care to third parties
• Unlawful means tort (tortious interference)
• Constructive trust
• Breach of court order and contempt
• Solicitor liability and privilege

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Wang v. Wang

Court

Supreme Court of British Columbia

The court partially struck the defence for disclosure non-compliance and granted limited summary relief on the Hudson Street sale proceeds, preserving set-off issues and leaving damages to be assessed.

• Breach of trust
• Breach of fiduciary duty
• Discovery non-compliance
• Summary judgment
• Set-off and equitable set-off
• Tracing of proceeds

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Dhesi v. Dhesi

Court

Supreme Court of British Columbia

The court resolved family property, trust, and support issues arising from the Dhesi separation, upheld Maninder Dhesi’s 50% interest in the Mission property, and ordered equalization and lump sum spousal support.

• Division of family property
• Excluded property
• Reapportionment (s.95 fla)
• Resulting trust
• Constructive trust
• Occupational rent

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Innes v. Innes

Court

Supreme Court of British Columbia

The court traced $99,827 of Ms. Innes’s inheritances into the family property and declared a constructive trust over that amount. The civil action against the daughters was stayed.

• Constructive trust
• Resulting trust
• Tracing
• Marriage agreement enforceability
• Gifts to adult children
• Backward tracing

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Rai v. Rai

Court

Supreme Court of British Columbia

The court held that Manjit Rai’s registered interest in a Surrey home was held on resulting trust for the plaintiffs, or alternatively under a constructive trust.

• Resulting trust
• Remedial constructive trust
• Unjust enrichment
• Indefeasible title
• Mortgage covenantor
• Severance of joint tenancy

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Cheema v. Mand

Court

British Columbia Court of Appeal

The Court of Appeal granted a stay of execution pending appeal in a property trust and partition dispute, finding an arguable issue, potential irreparable harm, and balance of convenience in the appellant’s favour.

• Partition and sale
• Beneficial interest
• Oral trust
• Undertaking to purchase under s.8(2) ppa
• Stay of execution
• Irreparable harm

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Rizzuto v. Grover

Court

Supreme Court of British Columbia

The court dismissed claims to trust interests, occupational rent, and payment for work, and granted the respondent’s counterclaim over the Motorhome.

• Resulting trust
• Express trust
• Constructive trust
• Unjust enrichment
• Occupational rent
• Quantum meruit

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