In Middleton Estate v. Middleton, 2020 ONCA 552 (CanLII), the Court of Appeal for Ontario considered the appeal from a trial judge’s decision concluding that the first of two promissory notes reflected the deceased’s intention that a loan made to her daughter was repayable on the deceased’s death. Facts: Eva…
Category: Deference
Total 2 Posts
Credibility is in the Eyes of the Judge
By Anna Alizadeh •
November 30, 2016
I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift). Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down…