Occupational Rent - Competing Damages Between Co-Owners

Occupational Rent – Competing Damages Between Co-Owners

Ajayi v Oziegbe  2017 ONSC  2732 discussed the concept of occupational rent where one co owner occupies a jointly owned property to the exclusion of the co owner, and the co owner seeks damages for the use of the property and the occupying party seeks competing damages… Read more

Property Partition and Sale Ordered for Joint Tenants

Property Partition and Sale Ordered for Joint Tenants

Bindley Estate v Quartermaine Holding Ltd. 2017 BCSC 672 ordered partition and sale of a property %50 owned by two parties where one party wished to sell and the other refused. They we unable to agree on a price for the respondent to buy out… 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 Tenancy and the Right of Survivorship

McKendry v McKendry 2017 BCCA 48 sets out a good analysis of what a joint tenancy is and the right of survivorship associated with it.   The real property in question was the mother of four children’s home in Vancouver. In 2008, she transferred legal… Read more

Assets Passing Outside of the Estate

Assets Passing – Probably most people in North America die holding assets that pass from their name to others or their estate that pass both ” inside” and “outside” of the estate.   A deceased’s will only distributes assets that were personally owned by the deceased… Read more

Joint Tenancy Severed By Conduct

Joint Tenancy Severed By Conduct Lescano v Unlu 2016 BCSC 1535 is a case exemplifying how conduct of joint tenants that is inconsistent with joint tenancy can have the legal effect of severing the joint tenancy into a tenancy in common.   The court found… 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

Rebutting the Presumption of Resulting Trust

Rebutting the Presumption of Resulting Trust  discussed in Mac v Mak 2016 BCSC 1140. [122]     If the presumption of resulting trust arises, it may be rebutted by evidence of the transferor’s intention at the time of transfer to grant beneficial ownership to the recipient of… Read more

Survivorship Rules Under WESA

Survivorship is concerned with the factual question of determining the order of death in a common disaster between family members . Much of estate law is based on a body of law and statutes that govern the law of succession- the transfer of personal wealth… Read more

Mental Capacity Required to Marry and Separate Incorrect

The BC Court of Appeal was incorrect in finding that the mental test to marry and separate is a low one involving a “ simple” contract. As any of the legions of matrimonial lawyers will tell you, it may be easy to get into this… Read more

Severance of a Joint Tenancy

Zeligs Estate v Janes 2016 BCCA 280 contains an excellent review of the law relating to severance of a joint tenancy, thus converting it into a tenancy in common:   [45]        Like any owner, a joint tenant is entitled to deal freely with… Read more

Joint Tenancy, Tenancy in Common and the Right of Survivorship.

The BC Appeal Court in Zeligs Estate v Janes 2016 BCCA 280 had the following to say about Joint Tenancy, Tenancy in Common and the Right of Survivorship.   As people age they often transfer property gratuitously to their adult children, and then hold it… Read more

Rebutting the Presumption of Resulting Trust

Rebutting the Presumption of Resulting Trust was discussed in Mac v Mak 2016 BCSC 1140: [122]     If the presumption of resulting trust arises, it may be rebutted by evidence of the transferor’s intention at the time of transfer to grant beneficial ownership to the recipient… 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

Statutory Presumption of Indefeasible title

British Columbia with its Torrens land title system as a statutory Presumption of Indefeasible Title that can be rebutted by  a resulting trust .   The following extract is taken from Mac v Mak 2016 BCSC 1140:   [107]     The starting point is the presumption… Read more