“Good Conscience” Constructive Trusts

The Ontario Court of Appeal in Moore v Sweet 2017 ONCA 182 discussed the concept of constructive trusts that had been pronounced by the Supreme Court of Canada in the decision Soulos v. Korkontzillas 1997 2 SCR 217 in rejecting the claim of a named… Read more

Unjust enrichment

Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law spouse’s claim that she should share in the increase in the property value of the matrimonial home owned by her… Read more

Parent Money to Children – Gift or Loan?

http://www.courts.gov.bc.ca/jdb-txt/sc/17/03/2017BCSC0319.htm Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were a gift or a loan when matters go ” sideways”. The court will look… Read more

Occupational Rent and “Outsted”

At common laws a claim for occupational rent can be brought where one owner is ousted from the property by another owner  Re Johnston estate 2017 BCSC 272 where the court stated: At common law, a claim for occupation rent may be brought by a… Read more

Joint Bank Holder Not Liable For Breach of Fiduciary Duty

Estate of Annie Mackay v Mackay 2015 ONSC 7429 held that  anon contributing joint bank acco8unt holder with her mother , who paid herself to manage the bank account, was held not liable for breach of fiduciary duty. No specific terms of payment were ever… Read more

Laches

Laches was discussed and rejected by the court in Grewal v Khakh 2016 BCSC 2055, where the court quoted the Supreme Court of Canada : 52           In  M. (K.) v. M. (H.), , [1992] 3 S.C.R. 6, [1992] S.C.J. No. 85 (S.C.C.) at para. 98, where… Read more

Probate Revoked For Improper Service

Al- Sabah Estate 2016 BCSC 1781 both have a probate revoked and removed the administrator for both failing to disclose important information to the court as well as sending the required probate notice to her close relatives at addresses that were mostly incorrect and could have… Read more

Tracing Converted Assets

  Converted assets can be traced and reclaimed under certain circumstances if they can be identified. For example a bank account of cash can be converted into a stock portfolio which in turn is used to buy a house that is subsequently sold and put… Read more

Judgement Does Not Sever Joint Tenancy

The registration of a judgement against one owner of a jointly owned property does not sever joint tenancy. If the only asset owned by the judgement debtor is the joint tenancy property, then registration of the judgment against the interest of the debtor will not… Read more

A History of Constructive Trust

The BC Court of Appeal in BNSF Railway v Teck Metals Ltd 2016 BCSC 350 the court delivered the following brief summary of the history of constructive trust as an equitable remedy: Constructive trust. Academic writers seem to agree that this type of trust developed… Read more

Promissory Estoppel Revisited

The BC Appeal Court in Cowper-Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful  the claim brought for promissory estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances… Read more

Value of Contribution

The Value of Contribution of a parties to the acquisition or improvement of  an asset does not have to be in money and can take  various individual forms as was discussed in Mac v Mak 2016 BCSC 1140. The Courts have to scrutinize the relationship… Read more

Legal v. Beneficial Title, The Difference

The legal principles of the registered owner of legal title versus the beneficial title of the property is poorly understood . It is very simple, especially given how common it appears to be that  property truly or beneficially owned by one party , but registered at… Read more

Adverse Possession

Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with a long established principle of  adverse possession  relating to  squatters long time  use of  property that had  escheated to the crown .  A claim of squatters to  legal entitlement to a parcel of property  occasionally occurs… Read more

Separation Agreement and Constructive Trust

In Schiller-Arsenauult v Proudman 2015 BCSC 1924 , the deceased after her divorce overlooked changing her designated beneficiary of her insurance policy from her ex husband to her sister, who was also the residual beneficiary of her will. The Court found that the ex husband in… Read more