Avery Yandt

The plaintiff father sued his defendant son and several of the son's companies, seeking the return of over $12 million in funds and properties transferred to the son between 2010 and 2015.

The father alleged that the properties were to be held in trust for him and his other children, and claimed breach of fiduciary duty, undue influence, and unjust enrichment.

The court dismissed the action, finding that the son successfully rebutted the presumption of resulting trust.

The court accepted the son's evidence, corroborated by independent witnesses and bank personnel, that the father had a clear donative intent and gifted the funds and properties to the son.

The plaintiff brought a motion for leave to amend his statement of claim in an action alleging his son misappropriated funds using a power of attorney.

The defendants consented to some amendments, including removing a bank as a defendant, but opposed adding numerous new particulars of properties and transactions.

The court granted the unopposed amendments but denied the opposed ones, finding that adding unproven transactions to the pleading before entitlement to a tracing remedy was established would unnecessarily complicate and delay the trial, constituting an abuse of process.