Dean Hugh Korah Clark

This endorsement addresses the allocation of costs following a dispute over jointly held bank accounts between the estate trustees of Christine Black and her brother, Bruce Albert Chamberlain.

The court found that the respondent failed to rebut the presumption of resulting trust and that the accounts formed part of the estate.

The applicants sought full indemnity costs, while the respondent argued that all costs should be paid from the estate.

The court awarded the applicants partial indemnity costs, payable personally by the respondent, and declined to order any costs payable from the estate.

The court determined whether certain joint accounts held by the deceased, Christine Black, and her brother, Bruce Albert Chamberlain, were assets of the estate or a gift to Bruce.

The court found that Bruce failed to rebut the presumption of resulting trust and did not establish that the joint accounts were a valid gift.

The funds in the joint accounts were therefore declared assets of the estate for distribution to the residual beneficiaries.

The decision reviews the evidence, the parties' positions, and the applicable legal principles, including the need for corroboration under the Evidence Act and the requirements for establishing a gift of joint account funds.

The defendant, Ruben Aguiar, was charged with assaulting his son, J., who had a broken collarbone.

The defendant argued his actions were justified under s. 43 of the Criminal Code, which permits the use of reasonable force for correction.

The court found that while the defendant's actions were partly motivated by a desire to protect the child, the force used (grabbing the child by the face/head, lifting him, and dropping him) was not reasonable, especially given the child's pre-existing injury.

Furthermore, the court concluded that the child was not capable of understanding the correction at the time.

Consequently, s. 43 did not apply, and the defendant was found guilty of assault.