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The court dismissed an injunction application seeking to stop a mother’s estate planning, finding damages and tracing remedies adequate and the balance of convenience against relief.
The court found proprietary estoppel in favor of Howard and Beatrix Linde, set aside a 2017 transfer of ranch property, and imposed a trust-based remedy.
The Court allowed the appeal, finding the lawyer breached fiduciary duties by acting for all parties without addressing a significant potential conflict or advising independent legal advice and breached the standard of care by failing to understand and explain the legal and commercial consequences of the promissory note and consulting agreements; those breaches caused compensable loss to the appellants, entitling them to damages for the settlement amount plus costs.
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The court found the parties lived in a marriage-like relationship until June 2007, but dismissed spousal support and unjust enrichment claims; it allowed a partial conversion claim.
The Court concluded there was ample evidence of Edwin Hughes’s actual intention to gift the investments to his daughter Paula when he transferred them into joint ownership; therefore presumptions were unnecessary, the trial judge’s factual findings were reasonable and entitled to deference, the appeal is dismissed and the trial judgment awarding survivorship to Paula is upheld.
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