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Canada Case Law

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Family law 2006 BCSC 652

Tribe v. Soiseth

The court held that a condominium registered in the plaintiff’s name was beneficially owned by her parents, not by either spouse, and dismissed the husband’s claim.

  • Presumption of advancement
  • Resulting trust
  • Illegality and admissibility
  • Locus poenitentiae
  • Option to purchase / equity of redemption
  • Marriage settlement (family relations act)
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Contract [1978] 1 SCR 1097

Zimmermann v. Letkeman

The Supreme Court of Canada held that a purchaser could not enforce a land sale contract tainted by intended illegality, and locus poenitentiae did not apply.

  • Illegality
  • Specific performance
  • Locus poenitentiae
  • Fraud
  • Ex turpi causa non oritur actio
  • Specific-performance
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.