Occupational Rent Ordered For Non Vacating Son

Occupational Rent Ordered For Non Vacating Son

An order for occupational rent of $42000 per month was ordered against a son who had lived with his mother and who effused to vacate the estate asset home for ten months after his mother’s passing in Fileppelli Estate 2017 ONSC 4923. The Court also… Read more

Unjust Enrichment Disallowed For Family Workers

Unjust Enrichment Disallowed For Family Workers

The BC Appeal Court in McDonald v McDonald 2017 BCCA 255 disallowed an award for unjust enrichment for various children who worked on the family farm for years without compensation, finding that “chores” amounted to a juristic reason to refuse a claim for unjust enrichment…. Read more

"Good Conscience" Constructive Trusts

“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 in Common Law Relationships

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

The Various Types of Trusts

The Various Types of Trusts

Warde v Slater 2017 BCSC 274 contains a discussion about the various types of trusts in deciding who owned the beneficial interest in the shares of a family business. The decision quotes extensively from Waters on Trusts In Canada. It is helpful to refer to… Read more

A History of Constructive Trust

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

The “Badges of Fraud”

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s as rough gauge as to whether Fraud exists in the situation or not.. As a… Read more

QUANTUM MERUIT OR UNJUST ENRICHMENT

It is often difficult for a court to determine if a claim should be paid on an hourly rate for services performed( quantum meruit), or if the test of unjust enrichment has been met. I recently provided a second opinion in a case involving a… Read more

Fraudulent Conveyances

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his/her assets. The Fraudulent Conveyance act permits  a creditor to impugn or set aside a transfer of property, where… Read more

Molester’s Transfer of Assets to Avoid Victim’s Judgement Set Aside As Fraudulent

Kirk ( Guardian ad litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them. On 30 October 2009 grandfather wrote a letter to… Read more

Trust Imposed On Insurance Proceeds For Non Payment of Child Maintenance

    Telfer v Henry Estate 2013 ONSC 303, involves a situation where the court imposed a constructive trust on the insurance proceeds of the deceased,who had entered into a separation agreement with his former spouse agreeing to pay child maintenance, but failed to do… Read more

Rebutting Presumption of Indefeasibility of Title

Frame v Rai 2012 BCSC 1876 is a good illustration of how the law of unjust enrichment pertains rebutting the presumption of indefeasible title at the land title office. The case involved a multifamily cooperative use of property where the property was registered in the names… Read more

The Remedial Constructive Trust

1. INTRODUCTION Constructive trusts have been evolving for more than two centuries. However, it has only been in the last several years that it is now developed to the point where it is almost impossible to predict and define all the circumstances in which its… Read more

Unpaid Contributions Earns Equitable Interest in Property

  Many children work literally as family slaves without reward, and then are not recognized in their expected inheritance . Haigh v Kent  2012 BCSC 1361 is a good example of the application of the law of unjust enrichment in a  long time family venture… Read more

Fraudulent Conveyance Found By Ontario Court re Defeat of Existing and Future Creditor”s Claims

Mitchell Jenner v Saunders  2012 CarswellOnt 5299 is an Ontario Court of Appeal case that upholds a finding that the sale of a husband and wife’s property was a fraudulent conveyance intended to defeat creditors. The married couple had purchased a house together but it… Read more