Canada Case Law

Donis v. Georgopoulos

Court

Court of Appeal for Ontario

Appellate court upheld the trial judge’s factual findings that the donor had sufficient understanding and capacity, that the presumption of undue influence was rebutted by credible independent legal advice and lack of coercion, and that the MOA was an inter vivos agreement not defeated by the donor’s subsequent death; accordingly the MOA was valid and enforceable.

Source excerpt

• Capacity
• Non est factum
• Undue influence
• Independent legal advice
• Consideration
• Presumption of influence

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Brandon, Trustee v. Brandon

Court

Court of Appeal for Ontario

The majority upheld the trial judge's factual finding that James had physical and moral control over his mother and exercised that power in a manner amounting to undue influence; because that finding is supported by trial evidence and not undermined by the solicitor's opinion, the appeal was dismissed and the trial judgment affirmed.

Source excerpt

• Undue influence
• Presumption of influence
• Independent legal advice
• Testamentary dispositions
• Executor duties

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Longmuir v. Holland

Court

British Columbia Court of Appeal

British Columbia Court of Appeal considered undue influence, testamentary capacity, and a 1984 transfer of a Vancouver home in a family estate dispute.

• Undue influence
• Testamentary capacity
• Setting aside inter vivos transfer
• Joint tenancy
• Presumption of influence
• Burden of proof

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Bradley v. Crittenden

Court

Supreme Court of Canada

La Cour suprême a confirmé le rejet de l’action visant à annuler un don d’actions, jugeant non établie une influence indue suffisante, ou, subsidiairement, celle-ci renversée par la preuve.

• Undue influence
• Presumption of influence
• Burden of proof
• Gifts
• Confidential/fiduciary relationships
• Acquiescence and ratification

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