Canada Case Law

Forrest v. Forrest

Court

British Columbia Court of Appeal

The trial judge erred in law by treating part of the Richmond proceeds as family property because the appellant held no beneficial interest until sale (resulting trust presumption), which means the Mission Property net proceeds are excluded property; the judge also erred by deducting family mortgage debt from excluded property without s.96 analysis, by awarding retroactive spousal support without applying Kerr factors, and by making a palpable and overriding error in valuing certain chattels; the prospective spousal support determination and income finding were not disturbed.

Source excerpt

• Division of family property
• Excluded property
• Resulting trust
• Reapportionment of family property
• Spousal support
• Retroactive support

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Bilin v. Sidhu

Court

Supreme Court of British Columbia

Applying Rule 14-1(3) and related authority, the registrar concluded that defendant Hardip's repeated disclosure failures, lack of candour and fabricated/reconstructed evidence unjustifiably lengthened the litigation and warranted special costs. The registrar allowed special costs for the action through assessment but applied a small reduction to the amount claimed to account for fees potentially attributable to appearances for which costs were not awarded or for appeals. The proper award after assessment was $260,000 inclusive of disbursements, taxes and assessment costs, and the registrar d…

Source excerpt

• Promissory note
• Resulting trust
• Special costs
• Disclosure and discovery
• Certificate of pending litigation
• Costs assessment

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Rodrigues v. Berlinguette

Court

Supreme Court of British Columbia

The 2008 transfer was gratuitous but the defendants proved on the balance of probabilities that Marlene intended to make a gratuitous inter vivos gift of the right of survivorship to the three defendants while retaining beneficial ownership during her lifetime; accordingly the presumption of resulting trust was rebutted and the defendants took beneficial ownership on survivorship; plaintiffs' claim dismissed.

Source excerpt

• Resulting trust
• Gift of right of survivorship
• Indefeasible title
• Gratuitous transfer
• Co-signing mortgage as consideration
• Burden of proof

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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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Chan v. Chan

Court

Supreme Court of British Columbia

Because the Property was validly gifted to and held by the JPT in 2007, the Revocable Deed gave the trustee the power to permit petitioner to purchase the Property on the Material Date, petitioner paid the required consideration and transfer was registered, the transfer was valid and petitioner is the sole legal and beneficial owner; respondent's challenges based on probate, resulting trust or Graham v. Smith are meritless and unfounded, and special costs are warranted for his conduct.

Source excerpt

• Declaration of title
• Estate freeze
• Inter vivos trust
• Trustee appointment
• Special costs
• Property transfer tax

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Cunningham v. Cunningham

Court

Supreme Court of Nova Scotia

The conveyance of the Property to the Respondent, an independent adult child, without consideration gave rise to a presumption of resulting trust; the Respondent failed to rebut that presumption on the evidence (text messages, conduct, corroborating testimony); accordingly a resulting trust was declared and the Respondent was ordered to reconvey or have title revested in the Applicants.

Source excerpt

• Resulting trust
• Presumption of advancement
• Conveyance
• Reconveyance
• Costs

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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…

Source excerpt

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

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Lalli v. Lalli

Court

Court of Appeal for Ontario

Ontario Court of Appeal held the trial judge erred in dismissing a resulting trust claim over a family home and declared the appellants entitled to a 50% beneficial interest.

• Resulting trust
• Purchase money resulting trust
• Presumption of resulting trust
• Credibility and evidence
• Remedies: sale and accounting
• Resulting-trust

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Dhesi v. Dhesi

Court

Supreme Court of British Columbia

The March 2, 2023 $130,000 offer lacked any rationale and, despite exceeding the trial result, it was not unreasonable for Mandeep to decline it; overall results at trial reflected mixed success for all parties with each respondent and the claimant achieving greater than 50% but less than substantial success (~75%), so costs should not follow the event; accordingly no double costs or ordinary costs awards were made and each party must bear their own costs; interpreter fees are ordered split 50/50 between Mandeep and Gurshinder with reimbursement to Maninder for his overpayment to effect that…

Source excerpt

• Spousal support
• Family property division
• Offer to settle/double costs
• Resulting trust
• Costs allocation
• Interpreter fees

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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.

Source excerpt

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

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