Costs of the appeal fixed at $20,000 in favour of the successful respondent.
Following the release of the court's decision on the appeal, the parties filed written submissions regarding costs.
The Court of Appeal fixed costs in favour of the successful respondent in the amount of $20,000 all inclusive.
Appeal dismissed; inter vivos transfers to adult child upheld as valid gifts rebutting resulting trust.
The appellant appealed the dismissal of his action to set aside three inter vivos monetary transfers and a testamentary bequest of Canada Savings Bonds made by his late father to the respondent, his sister.
The appellant argued the trial judge erred in finding sufficient corroborating evidence to rebut the presumptions of resulting trust and undue influence, and that the testamentary gift adeemed when the bonds were placed in a joint account.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the father had donative capacity, was not subject to undue influence, and intended the transfers as gifts.
The Court also found the bonds did not adeem as they were never endorsed by the father and remained registered in his name.
