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.
