Canada Case Law

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

Read case analysis

Bower v. Sutter

Court

Supreme Court of British Columbia

The court dismissed breach of contract claims, ordered a sale of jointly owned property to Mr. Sutter, and set a valuation process under the Partition of Property Act.

• Partition of property
• Sale of property
• Valuation
• Breach of contract
• Options to purchase
• Costs

Read case analysis

Haberla Estate (Re)

Court

Supreme Court of British Columbia

The court appointed Michael Peters as interim administrator of an intestate estate, finding special circumstances from delay, unpaid taxes, uncollected assets, and related litigation.

• Interim administrator appointment
• Intestacy
• Spousal status determination
• Estate administration
• Partition of property
• Speculation and vacancy tax

Read case analysis

Chan v. Chan

Court

British Columbia Court of Appeal

The Court of Appeal held the settlement implied a mutual release, but neither side was ready and willing to complete, so repudiation was not established.

• Settlement agreements
• Repudiation
• Specific performance
• Implied terms
• Partition of property
• Mutual release

Read case analysis

Repp v. Butler

Court

Supreme Court of British Columbia

Application to convert a partition petition to an action was dismissed. The court said the hearing judge should decide whether to proceed by petition, hybrid process, or trial.

• Conversion of petition to action
• Resulting trust
• Constructive trust
• Abuse of process
• Limitation defence
• Partition of property

Read case analysis

Montgomery v. Kouadio-Kossonou

Court

Supreme Court of British Columbia

The court found the defendant held title to a condo on resulting trust, or alternatively constructive trust, for the plaintiff and ordered him removed from title.

• Resulting trust
• Constructive trust
• Indefeasible title
• Joint tenancy
• Home equity line of credit
• Covenantor liability

Read case analysis

Tutush v. Tutush

Court

Supreme Court of British Columbia

The court granted a petition for sale of co-owned property, upheld the co-ownership agreement and amendment, and ordered joint conduct of sale with costs to the petitioner.

• Partition of property
• Co-ownership agreement
• Contract interpretation
• Rectification
• Estoppel
• Unjust enrichment

Read case analysis

Ball v. Eckhart

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal over a 2004 family property payment agreement, holding it was enforceable and that the limitation period ran only from the 2021 sale.

• Agreement to agree
• Contract formation
• Limitation period commencement
• Partition of property
• Adequacy of reasons
• Contract-formation

Read case analysis

Stevens v. Esak

Court

Supreme Court of British Columbia

The court upheld Arthur Stevens’s 2019 will, set aside the later transfer of his property interest to Patricia Esak, dismissed Esak’s tort claims, and ordered sale of the property.

• Testamentary capacity
• Undue influence
• Inter vivos property transfer
• Joint tenancy and right of survivorship
• Partition of property
• Conversion

Read case analysis

Hughes v. Lanuk

Court

Supreme Court of British Columbia

In a family property dispute, the court found the registered joint tenancy could be rebutted by unjust enrichment and fixed the son’s interest at 32%, with a buy-out or sale order.

• Partition of property
• Constructive trust
• Resulting trust
• Indefeasible title
• Buy-out/sale under ppa s.6 and s.8
• Costs

Read case analysis