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The Court held that a 2005 family transfer of rural land to a son was not proved to be an outright gift and declared title held in trust for the father.
The motion judge correctly found respondents were the proper sellers, disclosed the January 2021 transfer, and had the ability to convey good title by the closing date; time was of the essence, the appellant did not tender the purchase price on closing, and therefore forfeited the $50,000 deposit and the respondents were entitled to summary judgment and removal of the caution.
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The court held that Chandi agreed to pay Zhao $700,000 for a one-half interest in the farm, breached by failing to pay $302,500, and that fraud and unconscionability were not proved.
The court interpreted a cohabitation agreement and held the respondent still owed $26,107.70 toward a motorcycle debt before title must be transferred.
Evidence showed Margaret intended all children to continue shared non‑exclusive use and intended only Susan and Thomas to hold the remainder in fee; the registered transfer was ambiguous but actual intention demonstrated only a non‑exclusive lifetime licence for Wendy (and Barry) rather than an exclusive life estate; therefore the motion judge erred and the appeal is allowed.
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The court resolved a family property dispute by finding several transfers and joint accounts were gratuitous and held on trust for Anna, while dismissing Sascha’s claims.
The court decided a long-running cohabitation and property dispute, finding Ms. Chen had interests in the South Granville House and Le Point Flat, but dismissing most other asset claims.
Court of Appeal affirmed that appellant breached the contractual 'best efforts' obligation, the trial judge's credibility and factual findings were entitled to deference, it was highly likely the severance would have been granted had best efforts been made, and specific performance was an appropriate remedy because damages were inadequate for the unique home parcel.
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The court found lease extension agreements existed, held they became month-to-month after expiry, dismissed both monetary claims, and ordered title transferred to Marigold.
Plaintiff provided the purchase funds and intended to be sole beneficial owner; title was placed in the defendant's name only on third‑party tax‑saving advice; there is no reliable evidence the defendant made financial contributions or that there was any agreement to give her beneficial ownership; defendant was not a credible witness; therefore the 95% legal interest held by the defendant is held in trust for the plaintiff and title must be transferred to him.
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