Joint Tenants on Title to Real Property and the Application of a Resulting Trust

Recent case law in the Ontario Superior Court of Justice illustrates how lower courts in Canada continue to struggle with the concepts of joint tenancy and the right of survivorship post the Supreme Court of Canada’s decision in Pecore v. Pecore in which the Supreme Court of Canada held that “the most important evidence of intention will generally be evidence that is contemporaneous to the transfer”.

Instructor(s): Matthew Rendely and Daniel Paperny, Partners and Co-Leads of Loopstra Nixon LLP’s Estate Litigation Group, recently argued a trial on the application of a resulting trust in respect of joint tenants on title to real property. Join us for a presentation by Mr. Rendely and Mr. Paperny, and associate Nicole Cianci, where they will discuss the evidence that the Court will turn to when deciphering the purchaser’s intention at the time of the joint tenancy transaction and whether such evidence is reflective of the principles of a resulting trust.